IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15938 of 2019

Arising Out of PS. Case No.-1224 Year-2018 Thana- SASARAM NAGAR District- Rohtas

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HARMIT SINGH @ DABLU SINGH Son of Late Yogendra Singh Resident

of Mohalla- Dhangola Bazar, P.S.- Sasaram (Town), District - Rohtas

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr.Sada Nand Roy

For the Opposite Party/s :

Mr.Rabindra Kumar

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA

ORAL ORDER

2

14-03-2019

Heard both sides.

The petitioner apprehends his arrest in Sasaram Town

P.S. case No. 1124 of 2018 registered under Section 25(1)(a), 35

of the Arms Act.

The informant, A.S.I. of town P.S., got information

that big swords are being sold in the shop of Prabhu Prasad and

Harmit Singh @ Dablu Singh, the petitioner. The police raided

the shop of Prabhu Prasad and recovered 59 pieces of small and

big swords. From search of shop of the petitioner 34 pieces of

small and big swords are recovered.

The learned counsel for the petitioner submits that

from perusal of Section 2 of the Arms Act, 1959 it appears that

sword or any sharp edged weapon or pointed weapon are

described as weapons but in view of provision as contained in

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Section 4 of the Act the option is left to the Central

Government. If the Central Government is of opinion that

having regard to the circumstances prevailing in any area it is

necessary or expedient in the public interest that the acquisition,

possession or carrying of arms other than firearms should also

be regulated, it may, by notification in the Official Gazette,

direct that this Section shall apply to the area specified in the

notification and thereupon no person shall acquire, have in his

possession or carry in that area arms of such class or description

as may be specified in that notification unless he holds in this

behalf a license issued in accordance with the provisions of this

Act and the rules made thereunder. It is submitted that no such

notification is issued by the Central Government notifying sale

of such weapons such as small or big swords, sharp edged

weapons such as Tangi, Farsa which are commonly used by the

villagers for their own defence and, therefore, the petitioner has

not committed any offence in absence of such notification.

Having considered the facts that 34 small and big

swords are recovered from the shop of the petitioner but selling

of such small and big swords are not prohibited by any

notification, as provided under Section 4 of the Act, the

petitioner, above named, in the event of his arrest/ surrender

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before the court below within a period of four weeks from the

date of receipt/ production of a copy of this order is directed to

be enlarged on bail on his furnishing bail bond of Rs. 10,000/-

(rupees ten thousand) with two sureties of the like amount each

to the satisfaction of learned Chief Judicial Magistrate, Rohtas

at Sasaram in connection with Sasaram (Town) P.S. case No.

1224 of 2018, subject to conditions as laid down under Section

438(2) of the Code of Criminal Procedure.

BKS/-

(Prabhat Kumar Jha, J)

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