IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35865 of 2008 1. SONU SINGH 2. Rajnish Singh both sons of Babban Singh, resident of village Uttampur, P.S. Rajpur, District Buxar------------petitioners Versus STATE OF BIHAR----------------------opp. party ----------- 2. 11.11.2008 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in a police case registered under Section 302/34 of the Penal Code, Section 27 of the Arms fAct and Section 3(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The submission is of false implication that the firing is attributed to the named accused Babban Singh alone and not to the petitioners. The petitioners are alleged to be members of an unlawful assembly, one of whom was armed with fire arms killing on the spot when the assembly assaulted the deceased at his door. The application is rejected. However, if any application for regular bail is filed the same shall be decided on its own merit that the petitioners were not the assailants, without being prejudiced by the present order. (Navin Sinha,J.) spal/