IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7054 of 2008 1. BACHCHU SINGH son of late Deoki Singh. 2. Prabhu Singh son of late Deoki Singh 3. Nitya Nand Singh @ Nigmanand Kumar son of Bachhu Singh. 4. Uday Kumar son of Bachchu Singh 5. Raju Kumar alias Rajesh Kumar son of Bachchu Singh 6. Phantus Kumar alias Phantush Singh son of Nawal Singh 7. Nawal Singh son of Gaya Singh 8. Arbind Kumar alias Arbind alias Tunni Singh son of Nawal Singh. 9. Batoran Singh son of late Baldeo Singh All residents of Village Arian, P S – Hisua, District – Nawada. Versus 1. STATE OF BIHAR 2. Ashok Kumar Singh son of Chandrika Singh alias Chandeshwar Singh, resident of village – Arian, P S – Hisua, district – Nawada. ----------- 02. 10/4/2009 Petitioners are aggrieved by the order dated 4.7.2007 by virtue of which learned Additional Sessions , Fast Track Court No.I has rejected the prayer of discharge made by the petitioner Batoran Singh and other petitioners. The order further rejected the petition dated 8.3.2007 by virtue of which a prayer was made not to frame charge under section 307 IPC for the reason that no case as such is made out. However, from the perusal of the impugned order it appears that learned Additional Sessions Judge has categorically recorded that there is prima facie material against the accused persons and Batoran Singh was part and parcel of the crime which was committed for which the said case was instituted. The Additional Sessions Judge has further taken note that deadly weapons have been used in the commission of crime and in that view of the matter there is no occasion to interfere with the impugned order as such but however, it goes without saying that the final culpability of - 2 - the accused persons and the substantive offence will be dependent upon the evidence which comes during the course of trial and merely because petitioners have been charged it does not mean that they are held guilty of the offence. All this are matters of trial. The application is dismissed. rkp (Ajay Kumar Tripathi, J)