IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3939 of 2009 1. SITA RAM YADAV, S/o Natho Yadav. 2. Mithun Yadav @ Mithun Kumar, S/o Sita Ram Yadav. Both are resident of village-Gangti, P.S.-Sikandra, District-Jamui. Versus 1. THE STATE OF BIHAR. 2. Kapildeo Singh, S/o Late Prakash Singh, Resident of village-Yogichak, P.S.- Sikandra, District-Jamui. ----------- 02. 03.08.2010 The petitioner seeks quashing of the order dated 16.01.2009 passed by the Additional Sessions Judge, F.T.C.-III, Jamui by which he has refused to discharge the petitioners for offences under Sections 147, 149, 324, 307 and 323 of the Indian Penal Code and Section 27 of the Arms Act in connection S.Tr. No. 349 of 2008 arising out of Sikandra P.S. Case No. 133 of 2007. The prosecution case is that on 06.06.2007 the accused persons variously armed assaulted the informant and his brother and also fired at Uman Singh due to which he was injured. No one appears on behalf of the petitioners and on going through the impugned order, I find that the main ground for seeking discharge by the petitioners was that they were not sent up by the police and their alibi had been accepted. However, I do not find this a sufficient ground for interference in a matter of discharge and the impugned order appears to be perfectly valid. In view of such, this application is dismissed. Vikash/- (Anjana Prakash, J.)