IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.22094 of 2008 1. RAJ KISHORE YADAV & 2. Sunil Yadav both son of Late Girdhari Yadav Resident of village- Navtolia Barani, Police Station- Industrial (Sabaur), District- Bhagalpur …Petitioners Versus THE STATE OF BIHAR …OP ----------- 2/ 22.04.2011 Heard the parties. The petitioners have sought quashing of the order dated 17.08.2007 passed in Sessions Trial No.273 of 2007 (T.R. No.26 of 2007) by the Additional Sessions Judge-cum-Fast Track Court No.5, Bhagalpur, by which it has refused to discharge the petitioners. First Information Report was instituted against the petitioners holding them responsible for the death of the deceased on the ground that there was motive for having committed this occurrence. Rest of the witnesses also supported this fact. Counsel for the petitioners submits that apart from the vague suspicion there is no material against the petitioners and, therefore, they should be discharged from the case. At the stage of framing of charge all that the trial court has to see is whether there is material against the petitioners to put them on trial and in this case the witnesses have stated that there was motive against the petitioners. In view of such, the application is dismissed. JA/- (Anjana Prakash,J.)