IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34690 of 2009 MAHABIR PANDEY, SON OF RAM BACHAN PANDEY, RESIDENT OF VILLAGE – KARNAMEPUR, P.S. SHAHPUR, DISTT. BHOJPUR ------- PETITIONER. Versus 1. STATE OF BIHAR 2. SHAILENDRA TIWARY, SON OF LATE LAL SAHEB TIWARY, RESIDENT OF CHHATAKI NAINIJORE, P.S. NAINIJOR, DISTT. BUXAR. --------- OPPOSITE PARTIES. ----------- 2. 10.11.2010 Heard the parties. The petitioner has sought quashing of the order dated 18.8.2009 passed by Additional District and Sessions Judge, IIIrd, Bhojpur at Ara in Sessions Trial No. 261 of 2008 arising out of Shahpur P.S. Case No. 89 of 2004 instituted for offence under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act on the ground that the witnesses named the petitioner belatedly and there is no explanation as to why he was not named earlier. In my view this can be no reason for discharging the petitioner. The application is dismissed. S.Ali ( Anjana Prakash, J.)