IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2988 of 2009 1. RAGHUBANSH YADAV SON OF LATE RAMDHANI YADAV 2. BIJAY YADAV 3. UMESH YADAV, SONS OF BALGOVIND YADAV, ALL RESIDENT OF VILLAGE KOSHI TOLA BACHAN BIGHA, POLICE STATION MUFASSIL, DISTRICT AURANGABAD …. PETITIOENRS. Versus THE STATE OF BIHAR …. OPPOSITE PARTY. ----------- 2. 28.7.2010 The petitioners seek quashing of the order dated 29.2.2008 passed by the Additional Sessions Judge, F.T.C. 3, Aurangabad in S.Tr.No.265 of 2003/ 300 of 2008, by which he has rejected the petition for discharge u/s.227 of the Code of Criminal Procedure. Considering that the factual aspect of the alibi has to be tested during trial, I am not inclined to entertain this application. In view of such, this application is dismissed. Narendra/ ( Anjana Prakash, J. )