IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12368 of 2008 1. Saryug Mistry, son of Late Kesho Mistry, 2. Jago Mistry @ Jageshwar Mistry, son of Late Kesho Mistry, both of village Pakaria, PS Hisua, District Nawada – petitioners. Vs. The State of Bihar. 2 25.3.2010 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. This application has been filed for quashing the order, dated 13.2.2008 passed by Additional Sessions Judge, FTC III, Nawadah in S.T. No. 363/2007/97/2007, arising out of Nawadah Town PS Case No. 373/2005. The contention of the petitioners is that the allegation is that on the order of Arjun Mistry Munna Mistry fired. The petitioners who are being charged for the offences under sections 341, 307/34 of the Penal Code and 27, Arms Act have not committed any overt act. The said order giver and the person who fired has been exonerated by the Investigating Officer and as such it is submitted that no case would be made out against the petitioners. This aspect of the matter can only be judged in a ful- fledged trial after evidence comes on record. The fact whether offence is made out under sections 307/34 of the Penal Code considering that the main person has been exonerated would also be considered at that stage. This court cannot discharge the petitioners on this ground alone. This application is dismissed. haque (Sheema Ali Khan, J.)