IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.54793 of 2006 MANILAL YADAV & ORS Versus THE STATE OF BIHAR ----------- 4 21.8.2008 Heard learned counsel for the petitioners as also the learned A.P.P. for the State. The petitioners have prayed for quashing of order dated 20.11.2006 passed by the learned Addl. Chief Judicial Magistrate, Naugachiya in Naugachiya P.S. Case No. 208 of 2006, whereby he has been pleased to reject the petition under section 239 Cr.P.C. of the petitioners for their discharge. It has been submitted by the learned counsel for the petitioners that there is no iota of evidence in the police case diary to show the complicity or participation of these petitioners in the alleged occurrence and the informant himself had filed an affidavited petition before the learned Magistrate stating that it was not he who had submitted the written report before the D.I.G. , Bhagalpur and his name had been used by some other person inimical to the petitioners to file the alleged written report. I am not impressed with the argument since there is nothing on record to show how the informant came to know about the registration of the said case unless tampering with evidence has started at the instance of the petitioners who had - 2 - goaded the informant to file the affidavited petition indicating their innocence. Accordingly there is no merit in this application which is dismissed. Spd/- (Abhijit Sinha, J.)