IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23125 of 2007 1. SANAULLAH KHAN, SON OF SAIFULLAH KHAN. 2. FIROZ KHAN, SON OF MUSTUFA KHAN @ TUBBA KHAN. BOTH RESIDENTS OF VILLAGE- RATANPURA, P.S.- ASHOK PAPER MILL, IN THE DISTRICT OF DARBHANGA. ----- PETITIONERS Versus 1. THE STATE OF BIHAR. 2. BRAHMANAND CHOUDHARY, SON OF LATE GOSHI CHOUDHARY, RESIDENT OF VILLAGE- NAPTIPATTI BAHADURPUR, P.S.- ASHOK PAPER MILL, IN THE DISTRICT OF DARBHANGA. ----------- 3 2.7.2009 Heard learned Counsel for the petitioners and the counsel appearing on behalf of the State. Mr. Ashutosh Kumar very fairly submits that the trial of this case has commenced. The contention of the learned counsel is that the presence of the petitioners at the tea stall is denied by the tea stall owner who is an important witness as the occurrence took place at his tea stall. All these facts will be considered by the Trial Court and the Court below should pass an appropriate order in the facts of this case. This quashing application is dismissed as it has become infructuous. Sanjay (Sheema Ali Khan, J.)