IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1474 of 2009 RAM NARESH RAI & ORS Versus STATE OF BIHAR ----------- 3/ 22.7.2010 Heard learned counsel for the parties. The petition seeks quashing of order dated 15.5.2008 passed by the learned 3rd Additional Sessions Judge, Barh in S.T. No. 777 of 2002 by which the learned court summoned the petitioners for trial as they appeared also guilty of committing the offence for which other accused persons were put on trial in the above Sessions Trial. Contention is that the petitioners were neither named in the FIR nor the witnesses had named them in their statements before the police, or before the IO or before any higher police officer and further that in spite of being a co-villager, the informant was missing to name the petitioners in the FIR. It was contended that the petitioners had not been sent up for trial. These are not the considerations which could be had by a court while acting in the light of the provision of section 319 of the Code of Criminal Procedure. The evidence recorded by it could be the only deciding factor and having that been considered, the petition appears of no merit. It is dismissed. Anil/ ( Dharnidhar Jha, J.)