IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41352 of 2008 1) Jagdish Mahto, 2) Sheewan Mahto, 3) Sona Mahto, all sons of Late Tanik Mahto, village Hafizpur Karmaur, PS Pandarak, Dist. Patna – petitioners. Vs. The State of Bihar. 2 28.7.2011 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. This application has been filed for quashing the order, dated 25.2.2008 passed in S.T. No. 898/2005 by the Additional Sessions Judge III, Barh summoning the petitioners under section 319 Cr.PC to face the trial. The petitioners were made accused in the First Information Report but were not sent up for trial by the I.O. when he submitted the final form. The brother of the deceased and his grand daughter both of whom are eye witnesses of the occurrence have stated that these petitioners were present at the P.O. and participated in the crime and as such this court finds that there is no illegality in the impugned order. This application is dismissed. haque ( Sheema Ali Khan, J.)