IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13229 of 2009 1. Bharat Prasad, son of Gauri Shankar Prasad, 2. Ramakant Prasad, son of Late Sudama Prasad, 3. Shimpu Kumar @ Pankay Kumar, son of Bharat Prasad, 4. Rakesh Kumar, son of Narendra Prasad, 5. Subhash Prasad, son of Upendra Prasad, 6. Vidya Prasad, 7. Gauri Shankar Prasad, 8. Upendra Prasad, All sons of Late Jhagaru Prasad, all of village Taiya Dumari, PS Jamo Bazar, District Siwan – petitioners. Vs. 1) The State of Bihar, 2) Ratnesh Prasad, son of Awadh Prasad, village Taiya Dumari, PS Jamo Bazar, District Siwan – Opp. parties. 2 18.5.2010 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 6.2.2009 passed by the F.T.C. III, Siwan in S. T. No. 569 of 2008, arising out of Jamo Bazar PS Case No. 43/2007 by which the court has refused to discharge the petitioners on the ground that the FIR was instituted by an illiterate person and not read by the informant. The incident which led to the death of Parmanand did not take place at all. The deceased was a habitual drinker and died because of use of excess alcohol. The informant had filed an affidavit stating that he had not named the petitioners as accused in the case. The submissions and arguments made on behalf of the petitioners can only be considered in the trial. This court cannot discharge the petitioners without the evidence being led to show that the case has falsely been lodged and for that no case is made out under section 304 of the Penal Code as the deceased died due to excessive 2 drinking. All these aspects may be considered by the trial court at the time of arguments in the trial. This application is dismissed. haque (Sheema Ali Khan, J.)