IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40895 of 2010 1. SURENDRA NATH MISHRA S/O LATE BINDESHWARI PRASAD MISHRA 2. BHARAT BHUSHAN MISHRA S/O SURENDRA NATH MISHRA BOTH R/O VILLAGE PANA CHHAPARA, P.S.- MOTTPUR, DISTRICT MUZAFFARPUR ………….Petitioners Versus 1. THE STATE OF BIHAR 2. PRABHAW MISHRA W/O LATE MAHESHNATH MISHRA @ DHARNI NATH MISHRA, R/O VILLAGE- PANA CHHAPRA P.S. MOTIPUR, DISTRICT- MUZAFFARPUR …………..Opposite Parties ----------- 2. 11.03.2011 Heard the parties. The petitioners have sought quashing of the order dated 23.9.2010 passed by 6th Additional Sessions Judge, Muzaffarpur in Sessions Trial No. 250/95, by which an application under Section 227 Cr.P.C. has been disallowed. It has been submitted that there is no specific overt act alleged against the petitioners and independent witnesses have not been examined nor do the objective evidence support the case of the prosecution, therefore, the petitioner should be discharged. Since these factual aspects can only be appreciated adequately at the stage of trial, I am not inclined to interfere in the matter. The application is dismissed. Fahad. ( Anjana Prakash, J. )