IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33785 of 2008 1. AWINASH KUMAR SINGH @ MACHI SINGH @ ABINAS KUMAR SINGH 2. AJAY KUMAR SINGH BOTH SONS OF RAM LAL SINGH, RESIDENT OF VILLAGE MAJHARIYA, P.S. BUXAR (INDUSTRIAL), DISTRICT BUXAR, PRESENTLY RESIDING AT CIVIL LINES, WARD NO. 7, POLICE STATION BUXAR (T), DISTRICT AND TOWN BUXAR.---- PETITIONERS Versus THE STATE OF BIHAR ---- OPPOSITE PARTY ----------- 2 11.12.2009 This application has been filed against the order dated 7.7.2008 passed by the Additional District & Sessions Judge, Fast Track Court No. III, Buxar in S.T. No. 156 of 2008 arising out of Buxar (T) P.S. Case No. 74 of 2000 refusing to discharge the petitioners for an offence alleged to have been committed under Sections 323, 353, 307/34 of the Indian Penal Code, 27 of the Arms Act and Section 7 of the Essential Commodity Act. The main thrust of the argument of the counsel for the petitioners is that the allegation of firing is not supported inasmuch that no recovery of any arms were made from the possession of the petitioners. It is further submitted that there is no injury report as a result of the firing. It is also submitted on behalf of the petitioners that if there was an intention to kill, the petitioner would have repeated the firing as there was no intervening circumstances to prevent him to do so. From the First Information Report it appears that after opening fire, the petitioner no. 1 escaped from the place of occurrence and therefore, it cannot be argued at this stage that there was no recovery of arms and the offence under Section 307 is not made out - 2 - against the petitioners. The arguments advanced on behalf of the petitioners have to be considered in a full fledged trial. In the circumstances, I am not inclined to interfere with the order impugned. This application is dismissed. Sanjay (Sheema Ali Khan, J.)