IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40381 of 2009 1. SUNIL PRASAD GUPTA, SON OF LATE BABAN SAW @ BACHAN SAW. 2. BINOD KUMAR GUPTA @ BINOD KUMAR, SON OF LATE BABAN SAW @ BACHAN SAW. 3. KUNDAN PRASAD @ KUNDAN KUMAR, SON OF SHRI MUNI LAL. ALL RESIDENTS OF VILLAGE TILOTHU, P.S. TILOTHU, DISTRICT ROHTAS. --- PETITIONERS Versus 1. THE STATE OF BIHAR. 2. KRISHNA PRASAD GUPTA, SON OF LATE GURUCHARAN SAW. RESIDENT OF VILLAGE MAHARAJGANJ, P.S. TILOTHU, DISTRICT ROHTAS. --- OPPOSITE PARTIES ----------- 2 19.2.2010 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. The petitioners have challenged the order dated 11.8.2009 refusing to discharge the petitioners for offences alleged to have been committed under Sections 406, 504 and 34 of the Indian Penal Code, passed by the Judicial Magistrate, 1st Class, Sasaram, Rohtas in Sasaram (Tilothu) P.S. Case No. 450 of 2008. Learned counsel for the petitioners submits that the present case has been filed as a counter blast to the complaint case numbered as Complaint Case No. 970 of 2008 lodged just two-three days prior to the present case. The witnesses have been made accused in the case. All these facts may be considered and argued on behalf of the petitioners at the time of trial. These facts cannot make out a ground for discharge of the petitioners in the present stage. I see no illegality or irregularity in the order impugned passed in Sasaram (Tilothu) P.S. Case No. 450 of 2008. This application is dismissed. Sanjay (Sheema Ali Khan, J.)