IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19429 of 2010 AJAY KUMAR GUPTA @ AJAY GUPTA, SON OF SHINBATH GUPTA @ SHIVNATH SAH, RESIDENT OF VILLAGE – KONHARAGHAT, NEAR POWER HOUSE, P.S. HAJIPUR (TOWN), DISTT. VAISHALI ------ PETITIONER. Versus THE STATE OF BIHAR ----------- 2. 14.02.2011 Heard the parties. The petitioner has sought quashing of the order dated 10.2.2009 passed in Sessions Trial No. 100 of 2008 by which the Additional Sessions Judge, F.T.C. III, Vaishali at Hajipur has rejected an application filed under Section 227 Cr. P.C. It has been submitted that the Informant had belatedly given a statement for ulterior reason that the deceased had orally disclosed that the petitioner had poisoned him and, therefore, it is not believable. The further submission is that the Trauma Centre where the deceased was removed and where he is said to have given a dying declaration had certified that the deceased was all along unconscious while he was in the hospital and, therefore, this oral dying declarations is apparently false. However, these are finer aspects of the case which can be appreciated only during trial. The application is disposed of considering the same. S.Ali ( Anjana Prakash, J.)