IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.55745 OF 2007 1. BANWARI SINGH, SON OF AKHAJU SINGH 2. RAM BILASH SINGH, SON OF LATE KAMALA SINGH 3. MANOJ SINGH, SON OF LATE DEO NANDAN SINGH ALL RESIDENT OF VILLAGE BAGHAR, POLICE STATION NOORSARAI, DISTRICT NALANDA AT BIHARSHARIF ………………………………………………………………………..PETITIONERS VERSUS THE STATE OF BIHAR ******** 2 25/03/2010 Heard learned Counsel for the petitioners and the A.P.P. appearing on behalf of the State. This application has been filed challenging the order dated 02.11.2007 passed in Sessions Trial No. 356 of 2007 by which the Additional Sessions Judge, Fast Track Court No. II, Biharsharif refused to discharge the petitioners for the offences under Section 147, 148, 149, 307 & 302 of the Indian Penal Code. Learned Counsel for the petitioners submits that he has no instructions in the matter and although he has been trying to contact his clients for the past two months, he has not received any reply. The order rejecting the discharge application was passed on 02.11.2007. The petitioners have been named as the members of the mob and charge sheet was submitted against some of the accused persons but not these petitioners. However, the Chief Judicial Magistrate, Nalanda proceeded on the basis of 2 the materials that were available at that stage in the case diary. It appears that the Court has perused the case diary and found that witnesses have supported the presence of these petitioners at the place of occurrence and has, therefore, proceed to frame charges under the aforesaid sections. I do not find any illegally in the reasons of the Court below as the Court has merely proceeded on the fact that a prima facie case is made out to proceed against the petitioners. This application is accordingly dismissed. Anand ( Sheema Ali Khan, J.)