Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42554 of 2009 ====================================================== 1. Babulal Thakur , son of Late Doman Thakur 2. Suresh Thakur, Son of Bisun Thakur 3. Raghunandan Thaklur, 4. Manoj Thakur, Both sons of Late Sushil Thakur 5. Prakash Thakur 6. Ashok Thakur, Both sons of Nageshwar Thakur 7. Rukmani Devi, wife of Late Sushil Thakur, All residents of Village- Santadih, Police Station-Belhar, District- Banka 8. Diwakar Sah alias Chulhay , son of Sahdeo Sah, resident of Village- Belhar Basti, Police Station-Belhar, District-Banka .... .... Petitioners Versus 1. The State Of Bihar 2. Rajniti Thakur, son of Late Anandi Prasad Thakur, resident of Village-Santadih, Police Station-Belhar, District-Banka .... .... Opposite Parties ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER --------------- 3 19-03-2012 Heard Sri Kanhaiya Prasad Singh, learned Senior Counsel appearing on behalf of the petitioners and Sri Hirdaya Prasad Singh, learned Addl. Public Prosecutor. Eight petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of an order dated 16.10.2009 passed by learned Addl. Sessions Judge-cum- F.T.C.III, Banka in Session Trial No.433 of 2008/ Tr. No.240 of 2009. By the said order, the learned Sessions Judge has rejected the petition for discharge filed on behalf of the petitioners under Section 227 of Patna High Court Cr.Misc. No.42554 of 2009 (3) dt.19-03-2012 2 / 2 2 the Code of Criminal Procedure. It was submitted by learned Senior Counsel appearing on behalf of the petitioners that F.I.R. was lodged against unknown in the year 1998 for the offence under [STATUTE] and Section 27 of the Arms Act. However, without any cogent material, the police after investigation submitted chargesheet against the petitioners. He submits that in the case diary, there was no material, even then the police submitted chargesheet and at the stage of charge, a petition for discharge was filed, but the learned Sessions Judge without assigning any reason has rejected the discharge petition. I have perused the impugned order. I do not find any defect in the same. Accordingly, the petition stands dismissed. NKS/- (Rakesh Kumar, J)

Applicable IPC Section: 302

Statute Text:
Section 302 of the Indian Penal Code. Murder. Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.