IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.22369 of 2008 DEVENDRA YADAV son of Bhaso Yadav, resident of village- Kabirpur, P.S.- Barbigha, District- Sheikhpura …Petitioner Versus THE STATE OF BIHAR …OP ----------- 2/ 22.04.2011 Heard the parties. The petitioner has sought quashing of the order dated 02.05.2008 passed in Sessions Trial No.186 of 2008 by the Additional Sessions Judge-cum-Fast Track Court No.4, Sheikhpura, by which he has rejected the application filed under section 227 Cr. P. C. It has been submitted that the petitioner was in custody in Deoghar at the time of the occurrence and, therefore, it was not possible for him to participate in the present occurrence. Since these are the factual matters which can only be adjudicated at the stage of trial, I am not inclined to interfere in the matter. The application is dismissed. JA/- (Anjana Prakash,J.)