IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30506 of 2010 1. JANARDAN PATHAK S/O LATE RAM BADAN PATHAK 2. RAMJI PATHAK, S/O JANARDAN PATHAK 3. GUDDU PATHAK 4. DINANATH PATHAK 5. MURAHU PATHAK ALL ABOVE ARE S/O KRISHNA MUARI PATHAK AND ALL R/O VILLAGE- BHAWADIH, P.S.- KARGHAR, DISTRICT- ROHTAS AT SASARAM ………………… Petitioners Versus STATE OF BIHAR & ORS ……………….Opposite Parties ----------- 2. 01.03.2011 Heard the parties. The petitioners have sought quashing of the order dated 9.6.2010 passed by the learned Additional Sessions Judge (F.T.C. No.-V), Rohtas at Sasaram in S.Tr. No. 466/2008, by which he has refused to discharge the petitioners. It has been submitted that the present case has been instituted to screen the prosecution from the liability of a case instituted by the petitioner no. 1 and the same was done belatedly without any explanation for delay. Further submission is that the injury report was procured from Varansi and injuries reveal that they were simple in nature. Considering that these are the factual aspects which cannot be considered at the stage of framing of charge, since no mini trial can be held, seeing no merit in the application, the same is dismissed. Fahad. ( Anjana Prakash, J. )