IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14104 of 2009 TOOFAN SAHNI & ANR . Versus STATE OF BIHAR . ----------- 2/ 05/04/2010 Heard learned counsel for the petitioners and learned counsel for the State. The petitioners are aggrieved by the order of cognizance dated 7.5.2008 and their prosecution in Majhaulia P.S. Case No.198/06 under Section-302/34 of Indian Penal Code and 27 of the Arms Act. Learned counsel for the petitioners submits that even as per allegations the firing attributed to the petitioners did not hit anybody when it is the firing made by Supreet Sahni which hit the deceased. The allegations are under Section-302/34 of Indian Penal Code and 27 of the Arms Act. In that view of the matter, that the firing attributed to them may not have hit anybody shall not invite the application of Section-482 Cr.P.C. when the allegations are that the petitioners also fired, death was caused by their accomplice, leading to a prima facie allegation of being possessed with firearms when under the Indian Penal Code the allegation is under Section-302 read with 34 of Indian Penal Code. The application is dismissed. KC/ ( Navin Sinha, J.)