IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36503 of 2008 1) Raju Singh, son of Dudh Nath Singh, village Singahi, PS Ara Town, Dist. Bhojpur. 2) Dhananjay Singh @ Dhanjee Singh, son of Devendra Singh, village Bakhoranpur, PS Barhara, Dist. Bhojpur – Petitioners. Vs. The State of Bihar. 2 18.7.2011 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. The petitioners are aggrieved by order, dated 22.6.2008 passed in S.T. No. 203/2007 by the Additional Sessions Judge, FTC III, Bhojpur refusing to discharge them for the offences under sections 399, 402 and 120B of the Penal Code. The points raised on behalf of the petitioners is that they have been wrongly implicated in this case and that in fact there is insufficient evidence against them. It is also submitted that in fact five persons should be involved in the occurrence to make out a case under sections 399/402 of the Penal Code; in the present case it is submitted that four persons boarded the car and as such it is wrong to suppose that an offence has been made out under sections 399/402 of the Penal Code. If after taking evidence in the trial the court comes to the conclusion that in fact five persons were not involved in the occurrence, the court should always have the liberty to re-frame the charges. This application is dismissed with the aforesaid observation. haque ( Sheema Ali Khan, J.)