IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37559 of 2009 (1) ASHOK KUMAR Son of Raghu Sao (2) Mukesh Kumar (3) Pawan Kumar @ Mantu Kumar both are sons of Ashok Kumar all are resident at Sangita Vastralaya, P.S. Nawada Town, District- Nawada (4) Sheo Shankar Prasad @ Sheo Shankar Kumar Son of Sadhu Saran Sao resident of Village/Mohalla-Budhauli Ward No. 10, P.S. Seikhpura, District-Sheikhpura --------------Petitioners Versus THE STATE OF BIHAR ----------Opposite parties ----------- 2. 15.03.2011 The petitioner has filed this present application for quashing the order dated 22.5.2009 whereby cognizance has been taken under Section 304/34 of the Indian Penal Code on the basis of protest-cum-complaint petition. Though the accusation was found false and final form was submitted on 10.12.2001 which was accepted on 24.1.2002. Subsequently, on protest petition dated 9.2.2001 cognizance has been taken on 22.5.2009. It is submitted by learned counsel for the petitioner that there is no eye witness to the occurrence. In view of this Court, this is not the stage to examine the nature of the witnesses examined under Section 202 Cr. P.C. Let the learned Court below examine all the 2 contentions of the petitioner while deciding the discharge application. With the aforesaid liberty, the application is disposed off. Anand Kr. ( Dinesh Kumar Singh, J.)