IN THE HIGH COUR T OF JUDICATURE AT PATNA Cr.Misc. No.37421 of 2008 Bihesh Yadav Versus The State Of Bihar ----------- 2 15.07.2011 Heard learned counsel for the petitioner and learned counsel for the State. This application is for quashing the order dated 02.07.2011 whereby by the prayer of the petitioner to expunge the evidence of P.W. 1 P.W. 2 and P.W. 3. The ground made out by the petitioner is that the facts of another sessions case have been included in the present case. The Court has rejected the petition on the ground that the evidence has disclosed that the statement under Section 313 had already been recorded and as such the plea raised by the petitioner is at a belated stage. The argument made out on behalf of the petitioner would be available to them during the final argument made in the trial if not concluded. The Court will consider the argument on his own merit and come to his own conclusion. This application is thus disposed of with the aforesaid observation. Prakash (Sheema Ali Khan, J.)