IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41361 of 2008 Md. Noorain @ Nurain, son of Md. Tauhid alias Tauhid Mia, Mohalla Sandil, PS Barauli, Dist. Gopalganj. – Petitioner. Vs. 1) The State of Bihar, 2) Sarfraz Ahmad, son of Amin Mia, 3) Fateh Alam, son of Late Wakil Mia, all of Sandil, PS Barauli, Dist Gopalganj – Opp. Parties. 2 28.7.2011 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. This application has been filed for quashing the order, dated 21.5.2008 in G.R. No.1431 of 2005, TR No. 2753 of 2008 arising out of Barauli PS Case No. 130/2005 by the Judicial Magistrate, Ist Class, Gopalganj. On perusal of the order impugned it would appear that the court below has considered the fact that there are injuries on the informant and others which indicate that prima facie case is made out against the petitioner. In fact there is a counter case which should be considered at the appropriate stage. This court further directs that if there is a counter case filed regarding the occurrence, both the matters should be tried by the same Judge side by side. This application is, thus, disposed of. haque ( Sheema Ali Khan, J.)