IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.28688 of 2008
Md. Sarvare Islam, son of Late Haji Abdul Wahid, Mohalla Ali Nagar, PS and District Saharsa -
petitioner.
Vs.
The State of Bihar.
2 21.6.2011
Heard learned counsel for the petitioner and the State.
The petitioner is aggrieved by order, dated 26.3.2008
by which the court has rejected the petition of the petitioner filed
under section 227 of the Cr.P.C.
The petitioner is the patron of Minority Youth
Committee which is recognized by the Government of Bihar. The
police raided the premises of the committee and discovered that
half manufactured arms were there in the premises. It is submitted
that it is only on the basis of suspicion that the petitioner has been
made an accused in this case. Being a patron would not mean that
the petitioner would be directly involved in the administration of
the committee, and thus cannot be held responsible for the
functioning and day to day affairs of the committee, or for that
matter even be aware of what was taking place at the premises.
In the circumstances this court finds that there is
insufficient material to show that the petitioner was actively
involved in the administration of the minority committee. Merely
attending the meeting of the aforesaid committee would not make
the petitioner directly responsible for any acts or commission
which take place within the premises of the said committee.
This court, thus, finds that the petitioner cannot be
held responsible for the offences under sections 25(1-
2
b)A/26/33/35 of the Arms Act. Accordingly the order, dated
26.3.2008 passed in S.T. No. 317/2003 by the Addl. District and
Sessions Judge cum FTC No. IV, Saharsa is hereby quashed so far
as it concerns the petitioner.
This application is allowed.
haque ( Sheema Ali Khan, J.)