IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.5264 OF 2009 1. BIJENDRA SAO, SON OF DILCHAND SAO 2. NARESH SAO, SON OF DILCHAND SAO 3. LAL BAHADUR SAO, SON OF DILCHAND SAO 4. DILCHAND SAO, SON OF LATE HARDEO SAO ALL ARE RESIDENT OF VILLAGE DORAWA, POLICE STATION DULHINBAZAR, DISTRICT PATNA ……………………………………………………………………………..PETITIONERS VERSUS 1. THE STATE OF BIHAR 2. NARENDRA KUMAR, SON OF SRI BACHCHU PRASAD, RESIDENT OF VILLAGE DORAWA, POLICE STATION DULHIN BAZAR, DISTRICT PATNA …………………………………………………………………………OPPOSITE PARTIES ****** 2 23/02/2010 Heard learned Counsel for the petitioners and the A.P.P. appearing on behalf of the State. The petitioners are aggrieved by the order dated 06.01.2008 passed in Sessions Trial No. 1168 of 2007 arising out of Bikram (Dulhin Bazar) Police Station Case No. 137 of 2004 by which the 5th Additional Sessions Judge, Patna has rejected the application of the petitioners filed under Sections 227 and 228 of the Code of Criminal Procedure. Learned Counsel for the petitioners submits that the Court below is not justified in framing charges under Section 302/34 of the Indian Penal Code. Against the petitioners 2, 3 and 4, as there is no overt act alleged against them and the occurrence does not disclose that there was a common intention/object to kill the deceased. 2 This aspect of the matter can only be gathered from the evidence which will come on record and it cannot be adjudicated at this stage. I do not find any illegality in the order impugned. This application is accordingly dismissed. Anand ( Sheema Ali Khan, J.)