IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13278 of 2010 1. CHANDRIKA RAI SON OF LATE BHUALI RAI 2. RAM BABU RAI SON OF MUKHTAR RAI 3. PARMESHWAR RAI ALIAS PARMESHWAR YADAV SON OF CHANDRIKA RAI 4. BIR BAHADUR RAI SON OF CHANDRIKA RAI 5. JAY PRAKASH YADAV SON OF CHANDRIKA RAI 6. KAMAL RAI SON OF LATE NANHAK RAI, ALL ARE RESIDENTS OF VILLAGE KALWARI MAJHARIA, P.S. ADAPUR, DISTRICT EAST CHAMPARAN ….. PETITIONERS Versus 1. THE STATE OF BIHAR 2. NAND KISHORE SAHANI SON OF BISHWANATH SAHANI, P.O. ADAPUR, P.S. ADAPUR, DISTRICT EAST CHAMPARAN …. OPPOSITE PARTIES ----------- 2. 13.12.2010 The petitioners have sought quashing of the order dated 20.2.2010 passed by the 1st Addl. Sessions Judge, East Champaran, Motihari in S.Tr. No.351 of 2005 arising out of Adapur P.S. case No.49 of 2001, by which the trial court has permitted addition of Section 302 I.P.C. The background of the case is that for the murder of one Gulli Sahani the present case was instituted, but charge sheet was submitted only u/s.307 I.P.C., whereafter another case was instituted by the police, in which charge sheet was submitted against the prosecution party. The petitioners pray that the present case should be amalgamated with Adapur P.S. case No.87 of 2002 instituted u/s.302/34 I.P.C. and 27 of the Arms Act since they arise out of the same occurrence. I am unable to appreciate the contention raised on behalf of the petitioners. 2 In view of such, the application stands dismissed. Narendra/ ( Anjana Prakash, J. )