IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.277 OF 2010 1. RAJ KUMAR YADAV, SON OF NAND LAL YADAV 2. NAMASKAR YADAV, SON OF BHUNESHWAR YADAV 3. CHULHAI YADAV, SON OF LATE LALDHARI YADAV 4. SHIV YADAV, SON OF TALMANI YADAV ALL RESIDENT OF VILLAGE CHAUDHARANA, POLICE STATION ADHAURA, DISTRICT KAIMUR (BHABHUA) 5. KUBER YADAV, SONOF MAHAGU YADAV, RESIDENT OF VILLAGE KOLHUAN, POLICE STATION AUDHAURA, DISTRICT KAIMUR AT BHABHUA …………………………………………………………………………….PETITIONERS VERSUS 1. THE STATE OF BIHAR 2. DHANWATI DEVI, WIFE OF LATE BALIRAM YADAV, RESIDENT OF VILLAGE CHAUDHARANA, POLICE STTION AUDHAURA, DISTRICT KAIMUR AT BHABHUA ………………………………………………………………………..OPPOSITE PARTIES ******* 2 03/05/2010 Heard Counsel for the petitioners and the A.P.P. appearing on behalf of the State. There is a case and counter case. In the case filed on behalf of the petitioners, it has been alleged that two persons were killed by the family members of the Opposite Party No. 2. In the case filed on behalf of the petitioners, Nathuni Yadav, Parshuram Yadav, Mukhu @ Mukh Ram Yadav and Nirmal Yadav have been found guilty under Sections 302, 148 & 201 of the Indian Penal Code & Section 27 of the Arms Act. In the present case, it is said that Laldhari Yadav and Moti Lal Yadav were responsible for the alleged murder of the informant’s husband. It appears that Laldhari Yadav and Moti Lal Yadav died during the pendency of the case. It is submitted that the present petitioners have given evidence 2 against the accused persons of Sessions Trial No. 66 of 2005/74 of 2005 described above and as such after two years of the alleged occurrence, on the basis of the protest petition, the informant claims that these petitioners were also present at the place of occurrence. The submission on behalf of the petitioners is that the inclusion of the names of these petitioners is at a belated stage, malafide, motivated and an abuse of the process of law. However, all these aspects of the matter can only be decided in a full fledge trial. This application is thus disposed of. Anand ( Sheema Ali Khan, J.)