IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13805 of 2008 1. Jai Prakash Singh, 2. Satyendra Singh, 3. Birendra Singh, all sons of Late Balmiki Singh, 4. Giridhari Singh, 5. Ranjit Singh, both sons of Jai Prakash Singh, all of village Pinjari, PS Barbigha, district Sheikhpura – petitioners. Vs. 1. The State of Bihar, 2. Shiv Nandan Singh, son of Late Balmikmi Singh, village Pinjari, PS Barbigha, district Sheikhpura – opposite parties. 5 19.1.2010 This application is directed against the order, dated 14.3.2008 passed by the Additional District Judge, FTC III, Sheikhpura in S.T. No. 756/2007 by which the court below has rejected the application filed on behalf of the petitioners to discharge them for offences under section 302 of the Penal Code. Originally the F.I.R. was instituted under section 304 of the Penal Code. Subsequently the court found that a case is made out under section 302 of the Penal Code. The facts which have led the petitioners to file an application for discharge is that a stand has been taken on their behalf on the basis of paragraph 65 of the case diary that the deceased Brijnandan Singh was admitted in the hospital but later left the hospital and was readmitted on 9.11.2006. Thereafter he died during treatment. It is the case of the petitioners as well as the other side that there were two persons by the name of Brijnandan Singh. Both the parties dispute that the post mortem report of Brijnandan Singh contained in Annexure ‘A’ to the counter affidavit belongs to the person for whose murder the petitioners are being prosecuted. 2 These facts can only be proved in a full-fledged trial. At this stage this court cannot interfere with the order refusing to discharge the petitioners. The points that have been raised in this application would obviously be available to the petitioners at the time of the trial. This quashing application is, thus, dismissed. haque (Sheema Ali Khan, J.)