IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40142 of 2008 1. Sanjay Kumar Upadhyay @ Sanjay Upadhyay. 2. Bablu Upadhyay. 3. Rajeev Kumar Upadhyay @ Rajeev Upadhyay All sons of Hari Kishore Upadhyay, Resident of village Affaur, PS Khaira (Nagra O.P.), District Saran ---- Petitioners Versus The State Of Bihar ----- Opposite Party ----------- 2 25.7.2011 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. The petitioners are aggrieved by the order dated 14.7.2008 by which the Court below has rejected the application filed on behalf of the defence to scrap the evidence of non charge sheet witnesses. It is said that these witnesses infact are not eye witnesses to the occurrence. The petitioners would be at liberty to raise this issue at the stage of argument and show that the evidence of such witnesses has to be ignored and it is unreliable for the purposes of holding that the petitioners are responsible for the alleged occurrence. At present, there is no illegality in the order impugned. This application is thus, disposed of with the aforesaid observation. Sanjay (Sheema Ali Khan, J.)