IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5377 of 2008 1. NANHU PANDEY, son of Late Harbans Pandey. 2. BINOD KUMAR PANDEY, son of Nanhu Pandey. 3. BINAY PANDEY @ BINAY KUMAR PANDEY, son of Nanhu Pandey. 4. RAKESH PANDEY @ RAKESH KUMAR PANDEY, son of Nanhu Pandey. All are resident of village-Tar, P.S.-Agiaon Bazar, District-Bhojpur. ……..Petitioners. Versus 1. The State Of Bihar. 2. Rabindra Nath Pandey, son of Late-Ram Bilash Pandey. ……..Opposite Parties. ----------- 03. 19.04.2010 Heard learned counsel for the petitioners and learned counsel for the State. The present application has been filed for quashing the order dated 07.12.2007 passed by learned Additional Sessions Judge, F.T.C. I, Bhojpur at Ara in Sessions Trial No. 408 of 2007 whereby petitioners’ application under Section 227 Cr.P.C. was rejected. It has fairly been conceded by the learned counsel for the petitioners that the charges have been framed and the trial has commenced. Though the submission of the learned counsel for the petitioners is that the victim died during the treatment and it has been admitted by all the witnesses, hence prima facie no case under Section 304 is made out. Since the trial has commenced, hence this application has become infructuous. However, petitioners 2 may raise all these issues during the trial. With the aforesaid observation, the application stands dismissed. Shageer (Dinesh Kumar Singh, J.)