IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19006 of 2010 1. SK. IFTEKHAR AHAMAD @ BECHHU @ SK. IFTEKHAR 2. HESAR AHMAD BOTH SONS OF LATE ABDUL KHALIK 3. JAMIL AKHATAR, SON OF LATE JAN MOHAMAD 4. ABDUL SALAM 5. ABDUL SAMAD BOTH SONS OF LATE SHARIF 6. ABDUL WAHAB, SON OF LATE MD. KAHALID. 7. FARIYAD ALAM, SON OF SK. JALIM ALL RESIDENT OF VILLAGE – SISWANIYA, P.S. PALANWA, DISTT. EAST CHAMPARAN ------- ACCUSED/PETITIONERS Versus 1. THE STATE OF BIHAR 2. SK. SAMIULLAH @ SUBHASH, SON OF LATE MD. YUNUS, RESIDENT OF VILLAGE SISWANIYA, P.S. PALANWA, DISTT. EAST CHAMPARAN. ------ INFORMANT/OPPOSITE PARTIS. ----------- 2. 09.02.2011 Heard the parties. The petitioners have prayed for quashing the order dated 19.4.2010 passed by the 3rd Additional District and Sessions Judge, Motihari (East Champaran) in Sessions Trial No. 30 of 1997 by which he has allowed the application for marking the deposition of PW-9 recorded in Sessions Trial No. 208 of 2001, as Exhibit. Since the document would come within definition of Section 74 of the Evidence Act, I see no merits in the present application, the same is dismissed. S.Ali ( Anjana Prakash, J.)