IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39760 of 2009 1. CHANDAN BIND, SON OF LATE JAWAHAR BIND 2. PRATAP BIND, SON OF RAJEEV BIND 3. JEETAN BIND @ JEETANA BIND, SON OF BHUNESHWAR BIND ALL RESIDENTS OF VILLAGE LOHCHA PATAN (BIND TOLI), P.S. NAYA RAM NAGAR, DISTRICT MUNGER. ---- PETITIONERS Versus THE STATE OF BIHAR ---- OPPOSITE PARTY ----------- 2 25.1.2010 This application has been filed against the order dated 21.10.2009 passed in S.T. No. 362 of 2009 by the Additional Sessions Judge, Fast Track Court No. IV, Munger by which the Court below has rejected the application under Section 227 of the Code of Criminal Procedure and refused to discharge this petitioners. Learned counsel for the petitioners submits that the Court below has not considered that the petitioners have been made accused only on the basis of suspicion. The Court below while referring to the case diary has found that there is sufficient material to send up the petitioners for trial. Counsel for the petitioners also submits that several witnesses in the case diary have stated that these petitioners are not responsible for the said occurrence. The facts of this case are that there was an attack by Maoists on the shop of one of the deceased which resulted in the death of three persons. The petitioners were seen in the company of the attackers during the day. On the basis of circumstantial evidence against the petitioners, the Court has found that this is not a fit case for discharge. 2 It is not proper for the Court below to judge the value of the evidence at this stage and as such I find that the Court below has rightly refused to discharge the petitioners in this case. This application is dismissed. Sanjay (Sheema Ali Khan, J.)