IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36562 of 2008 SANTOSH PANDEY, Son of Narad Pandey, resident of Village- Dahigna, P.S. Dinara, Distt. Rohtas :------------Petitioner. Versus STATE OF BIHAR:--------- Opposite Party ----------- For the petitioner :Mr. Manoj Kumar, Advocate. For the Opposite Party : Mr. Nitya Nand Tiwari, A.P.P. ====== 3. 23.10.2008. Heard learned counsel for the petitioner and the State. Petitioner is an accused in a case under Section 302/34 of the Penal Code and Section 27 of the Arms Act. He has been named in the First Information Report as the assailant. It is submitted on behalf of the petitioner on the basis of the supervision note of the Dy.S.P. that the occurrence as reported in the First Information Report is not correct as deceased died on account of accidental fire which took place while his two sons were trying to take possession of the firearms. Such submission of the counsel for the petitioner cannot be appreciated at this stage. In the circumstances, this application is rejected in view of the allegation set out in the First Information Report. The court below (C.J.M., Rohtas) is directed to commit the case (Dinara P.S.Case No. 206 of 2007) forthwith, if not already committed. P.K.P. (V.N.Sinha,J.)