IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26936 of 2010 1. ABHIMANYU SINGH, S/o Arjun Singh. 2. Bablu Singh @ Babu Lal Singh, S/o Late Gunjeshwar Singh, Both are R/o Village-Belkunda, P.S.-Jalalpur, District-Saran. Versus 1. THE STATE OF BIHAR. 2. Akhilesh Kumar Tiwary @ Munna Tiwary, S/o Patneshwar Tiwary, R/o Vill-Jalalpur, P.S.-Jalalpur, District-Saran at Chhapra. ----------- 02. 14.02.2011 The petitioners have sought quashing of the order dated 08.03.2010 passed by the Additional Sessions Judge, F.T.C.-I, Saran at Chhapra whereby he has refused to discharge the petitioners in S.Tr. No. 89 of 2009. The prosecution case is that the petitioners came on a motor-cycle together and when the informant asked him for his due money an altercation arose whereafter petitioner No. 1 fired at the informant which luckily did not hit him. The general public caught both the petitioners and from the person of petitioner No. 1 a firearm was recovered. Counsel for the petitioners has submitted that the entire allegation is against the petitioner No. 1. It was he who had fired at the informant and from his possession the arms were recovered. Moreover, the submission is that from the seizure-list it appears that one Suman Kumar Tiwary, brother of the informant brought the arms before the police and, therefore, there is no substance in the allegation that arms were recovered from the person of the petitioner No. 1. 2 On going through the First Information Report, I find that undoubtedly both the petitioners came together where the occurrence took place and, therefore, at this stage to say that the Petitioner No. 2 was not involved in the occurrence would not be proper. Moreover, it is stated in the First Information Report itself that the petitioners were caught by the general public and, therefore, rightly the seizure-list reveals that the brother of the informant had produced the arms before the Investigating Officer. In view of such, I find no merit in the application, the same is dismissed. Vikash/- (Anjana Prakash, J.)