IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23226 of 2008 MAHADEV SAH, SON OF RAM DAYAL SAH, RESIDENT OF VILLAGE GOVIND FANDAH, P.S. AND DISTRICT SITAMARHI. ----- PETITIONER Versus 1. THE STATE OF BIHAR 2. JAI NARAIN RAI @ THARU RAI, SON OF LATE HARI RAI, RESIDENT OF VILLAGE GOVIND FANDAH, P.S AND DISTRICT SITAMARHI. 3. CHULHAI RAI, SON OF LATE RAM ASHISH RAI, RESIDENT OF VILLAGE PANCHHORE, P.S. RIGA, DISTRICT SITAMARHI. 4. RAM BABU RAI, SON OF JAIN NARAIN RAI 5. SHANKAR RAI,SON OF DIP NARAIN RAI 6. JINISH RAI, SON OF DIP NARAIN RAI 7. RAJ MANGAL @ SHIV MANGAL RAI, SON OF DIP NARAIN RAI 8. VISHWANATH RAI, SON OF DIP NARAIN RAI 9. RAM ISHWAR RAI, SON OF MAHENDRA RAI 10. KRISHNADEV SAH, SON OF LATE NAGA SAH 11. NANDU SAH, SON OF LATE NAGA SAH 12. DEVENDRA SAH, SON OF KRISHNADEV SAH 13. RAVI SAH @ DEVI SAH, SON OF KRISHNADEV SAH 4 TO 13 ARE RESIDENTS OF VILLAGE GOVIND FANDAH, P.S. & DISTRICT SITAMARHI. 14. ASHARFI RAI @ NETAJI, SON OF LATE RAMASHISH RAI, RESIDENT OF VILLAGE PANCHHOR, P.S. RIGA, DISTRICT SITAMARHI. ----- OPPOSITE PARTIES ----------- 2 26.11.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. This application is directed against the order dated 8.8.2007. The informant petitioner had filed a petition under Section 319 of the Code of Criminal Procedure to ask ten persons named in the petition to face trial. On perusal of the order the Court has rejected the application but has only considered the case of Ram Babu Rai one of the persons and has not given a finding with respect to the other persons. As far as the order dated 26.2.2008 passed by S.D.J.M., Sitamarhi (Sadar) in G.R. No. 1828/2003, Trial No. 1806/2008 arising out of Sitamarhi P.S. Case No. 450/2003 with respect to Ram Babu Rai, I see no reason to interfere with the order as the Court has given good reasons for holding that there is insufficient material to array Ram Babu Rai as an accused. However, considering 2 that the Court below has not considered the case of the other nine persons namely Shankar Rai, Girish Rai, Rajmangal Rai @ Shivmangal Rai, Bishwanath Rai (all are sons of Dipnarayan Rai), Rameshwar Rai, (son of Mahindar Rai), Krishndev Sah, Nandu Sah (both are sons of Naga Sah), Devendar Sah and Rebi Sah (both are sons of Krishndev Sah). The Court below is directed to consider the case of the other nine persons mentioned aforesaid i.e. in the application filed by the petitioner dated 8.8.2007. This application is thus allowed in part and remanded back for consideration of the other persons mentioned in the application under Section 319 of the Code of Criminal Procedure. The Court below is also directed to pass an order within a period of two weeks from the date of receipt/production of a copy of this order. This application is thus disposed of. Sanjay (Sheema Ali Khan, J.)