Ajay Kumar Shukla @ Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1735 of 2020 ====================================================== Ajay Kumar Shukla @ Ajay Kumar S/o Late Braj Kishor Shukla R/o VillPatora Matiya, P.S.- Muffasil, Distt- East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Home Department, Government of Bihar, Patna.

2.

The Superintendent of Police, East Champaran. 3.

4.

The Officer in Charge of Muffasil Police Station, East Champaran. The District Magistrate, East Champaran, Motihari. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Uma Shankar, Advocate For the Respondent/s :

Mr.Md. N.H. Khan (Standing Counsel-1) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-08-2022 At the outset, the learned counsel for the petitioner seeks to add the District Magistrate, East Champaran at Motihari as respondent no. 4 to the present writ petition. The needful be done during the course of the day. Though the present writ petition has been filed for directing the respondent authorities to release the gun of the petitioner, however, the learned counsel for the petitioner has limited his prayer to grant of liberty to the petitioner to approach the District Magistrate, East Champaran at Motihari for release of the gun of the petitioner especially in view of the fact that Sessions Trial No. 164 of 2009 has now stood concluded by a judgment dated 30th September, 2004, passed by

Patna High Court CWJC No.1735 of 2020(3) dt.04-08-2022 2/2 the learned Court of 15th Additional Sessions Judge, East Champaran at Motihari and the accused persons against whom the petitioner had filed the aforesaid criminal case in question have also stood convicted under Sections 341 and 323 of the Indian Penal Code.

Accordingly, the present writ petition stands disposed off with liberty to the petitioner to approach the District Magistrate, East Champaran at Motihari for release of his gun and in case appropriate petition is filed within a period of four weeks from today, the District Magistrate, East Champaran at Motihari shall pass a reasoned order thereon, in accordance with law, within a period of eight weeks, thereafter. (Mohit Kumar Shah, J) S.Sb/- U