IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28297 of 2009 1. Tripit Narayan Singh. 2. Green Kishore Singh. Both sons of Sri Bhuwaneshwar Singh. Both are residents of Village-Mehdipur, Police Station-Baruraj, District-Muzaffarpur. At present petitioner no.1 residing at Mohalla & post office- Kolhuapaganic, Berpur,Near-Flour Mills, Road No. 4, Mithamsari Road, Near-Bajrang Kirana Dukan, Bairia, Muzaffapur, District- Muzaffapur..................................................................Petitioners. Versus THE STATE OF BIHAR........................................Opposite Party. ----------- For the petitioners: Mr. Yogesh Chandra Verma, Sr. Advocate and Mr. Bijendra Kumar Singh, Advocate. For the State : Mr. Kalyan Shankar, A.P.P. ----------- 2. 29.01.2010. Heard learned counsel for the petitioners and counsel appearing on behalf of the State. This application has been filed against the order dated 03.07.2009 passed by the 5th Assistant Sessions Judge, Muzaffarpur in Sessions Trial No. 94 of 2006/ Sessions Trial No. 514 of 2007. Learned counsel for the petitioners submits that no offence is made out under Section 307 of the Indian Penal Code and the court below has not justified in rejecting the discharge application on the ground that the points raised by the petitioners would be looked into at the time of trial. The court below has considered the statements made in paragraph nos. 4,5,6,8 and 10 and thereafter rejected the application. The defence of the petitioners is not to be looked into right now and the question as to whether there is sufficient evidence or not to hold the petitioner guilty would also be considered at the time of hearing of this case. It would also always be open to the court below to 2 punish or acquit the petitioners in case the court below finds that the allegations are not true as per the prosecution case. I advise the court below while considering the question of discharge to give some details with respect to the statements made in various paragraphs of the case diary which they intend to rely on. This application is, accordingly, disposed of. U.K. (Sheema Ali Khan,J)