IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34260 of 2008 1. Ram Prasad Rajak, son of Late Pritam Rajak, 2. Lalu Rajak, 3. Ramesh Rajak, 4. Munna Rajak, all sons of Ram Prasad Rajak, residents of village English Chichraun, PS Akbar Nagar, District Bhagalpur – Petitioners. vs. The State of Bihar. 2 9.9.2009 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. The petitioners have moved this court against the order, dated 23.6.2008 by which the court below has refused to discharge the petitioners. The facts are that the deceased was coming on a rickshaw when some unknown person fired on him which resulted in his death. Learned counsel for the petitioners submits that the eye witnesses in this case are absconding from the date of occurrence which is indeed very suspicious. Apart from this, it is submitted that the cause of the occurrence is said to be land dispute whereas the Investigating Officer has come to a finding that Naresh Dom has no land and as such the motive alleged has been found to be incorrect. These aspects of the case can only be considered in the trial and this court cannot appraise the evidence at this stage of the case. This application is dismissed. haque (Sheema Ali Khan, J.)