IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.53149 of 2008 Md.Illiyas Hussain @ Md.Illiyas Khan, son of Late Gulam Rasul, resident of Village-Banpur, P.S. Khaira, District-Jamui………………………………….Petitioner. Versus The State Of Bihar………………………Opposite Party. ---------------------------------- For the Petitioner : Mr. Amar Prakash, Advocate. For the State : Mr. Jharkhandi Upadhya, A.P.P. ------------------------------------ 3. 5.9.2011. Heard. This application, under Section 482 of the Code of Criminal Procedure, is for quashing of the order dated 2.5.2006 passed by the Sub Divisional Judicial Magistrate, Jamui, in G.R. No.1308 of 2005, arising out of Khaira P.S. Case No.187 of 2005, whereby the applications of petitioner and other accused filed under Section 239 of the Code of Criminal Procedure for discharging them have been rejected. Learned counsel appearing on behalf of the petitioner submits that further proceeding of the case with respect to the accused, Jai Prakash Narayan Yadav alias Jai Prakash Narayan and Mukeshwar Prasad has been stayed by this Court vide order dated 21.7.2006 passed in Criminal Misc. 2 No.14149 of 2006 and vide order dated 4.9.2006 passed in Criminal Misc. No.34657 of 2006 respectively. It has also been submitted that Criminal Misc. No.21767 of 2006 filed on behalf of the accused, Nihal Fakhruddin alias Neela alias Neela Mukhiya and another, has been disposed of by this Court vide order dated 21.9.2006 with an observation that the trial of the aforesaid accused in Khaira P.S. Case No.187 of 2005 should also await the disposal of aforesaid Criminal Misc. No.14149 of 2006, which has been filed on behalf of the accused, Jai Prakash Narayan Yadav alias Jai Prakash Narayan and the case of the petitioner stands on similar footing to that of the aforesaid accused. Considering the aforesaid facts and the circumstances of the case, this application is also disposed of with the terms and conditions as per order dated 21.9.2006 passed in Criminal Misc.No.21767 of 2006. P.S. (Rajendra Kumar Mishra, J)