IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32444 of 2008 1. Surendra Yadav. 2. Kulbansh Yadav. 3. Dadan Yadav. 4. Thakur Yadav. 5. Balister Yadav, All (1 to 5) sons of late Lallu Yadav. 6. Radhey Shyam Yadav, Son of Dadan Yadav. 7. Kapil Yadav 8. Hira Yadav, both (7 & 8) sons of Shri Sheo Prasad Yadav. 9. Munna Yadav, Son of Kapil Yadav. All are resident of Village Godania, PS Sheosagar, District Rohtas --- Petitioners Versus 1. The State Of Bihar. 2. Kamla Devi, Wife of late Dinesh Singh, Resident of Village Godania, PS Sheosagar, District Rohtas ---- Opposite Parties For the Petitioners : Mr. Krishna Prasad Singh, Sr. Advocate Mr. Manish Kumar No. 3, Advocate For the State : Mr. Nirmal Kumar Sinha, A.P.P. ----------- 2 4.7.2011 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. This application has been filed against the order dated 12.1.2008, passed by the Additional Sessions Judge, Fast Track Court No. II, Rohtas at Sasaram in Sessions Trial No. 393 of 2005, directing the persons named in the order to appear and face trial under Section 302 of the Indian Penal Code on the basis of the fact that two witnesses have deposed that these persons were last seen having breakfast with the deceased. The veracity and effect of such a statement would naturally be considered during trial. I see no reason to interfere with the order dated 12.1.2008. This application is dismissed. Sanjay ( Sheema Ali Khan, J.)