IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26798 of 2009 1. GANESH PRASAD YADAV, SON OF GOPI YADAV 2. SAHDEO YADAV, SON OF CHANDO YADAV 3. DULARI YADAV, SON OF BADRI YADAV ALL ARE RESIDENT OF VILLAGE KUNDILPUR, P.S. AKBARPUR, DISTRICT NAWADA. ----- PETITIONERS Versus THE STATE OF BIHAR ----- OPPOSITE PARTY ----------- 2 26.11.2009 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. The petitioners have challenged the order dated 18.5.2009 passed by the A.D.J., Fast Track Court No. III, Nawada in Akbarpur P.S. Case No. 134/2007 (Sessions Trial No. 135 of 2008/117 of 2008) by which the petitioners’ application for discharging them in an offence under Sections 147, 148, 149, 323, 324, 341, 307 and 504 of the Indian Penal Code has been rejected. The main ground raised on behalf of the petitioners is that there is no specific allegation against the petitioners and there is insufficient material to make out a case that the petitioners along with the main accused in this case had gathered at the place of occurrence with the common object of killing the deceased. These aspects of the matter can only be considered in a full fledged trial. In the circumstances, I am not inclined to interfere with order dated 18.5.2009. This application is dismissed. Sanjay (Sheema Ali Khan, J.)