IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13573 of 2011 1. DHARMENDRA PASWAN. 2. JITENDRA PASWAN. Versus THE STATE OF BIHAR ----------- 02 11.05.2011 Heard learned counsels for the petitioners and the State. Petitioners are apprehending their arrest in a case registered under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act. The accusation against the petitioners is that they accompanied their father Kanhai Paswan who caused fire arm injury on the head of the husband of the informant who succumbed to injury. It appears that the petitioners were also armed but no overt act has been alleged. The case was instituted in 2008, let the learned court below pass an appropriate order considering the regular bail application of the petitioner taking into consideration that no overt act has been alleged against the petitioners. This Court has not exercised its discretionary jurisdiction only because the case was instituted in 2008. With above observation, the application is disposed off in connection 2 with Aurai P.S. Case No. 64 of 2008 pending in the Court of the learned Chief Judicial Magistrate, Muzaffarpur. Let the order be transmitted to the learned court below through FAX at the cost of petitioners. Safik ( Dinesh Kumar Singh, J.)