IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10374 of 2005 SHEKHAR KUMAR SINGH @ SHEKHAR SINGH & ANR Versus STATE OF BIHAR ----------- 5/ 23.07.2008 Heard Mr. Uma Kant Prasad learned Counsel for the petitioners and Mr. Bipin Kumar learned APP for the State. These two petitioners have prayed for quashing of order dated 09.12.2004 passed by Judicial Magistrate (Railways), Bhagalpur in G.R. Case No. 102A/2002 arising out of Bhagalpur G.R.P.S. Case No. 68/2002 whereby the Court has taken cognizance of offence under Section 379 of the Indian Penal Code against the petitioners. The petitioners are not named in the First Information Report and it has been submitted that their names cropped up on suspicion on the basis of the statement given by co-accused Tushar Singh who was apprehended by the police. Further appears that co-accused Ashok Kumar Singh whose case was similarly situated as that of the petitioners preferred Cr. Misc. No. 7997/2005 on similar grounds and that application was allowed vide order dated 28.09.2007, quashing the impugned order dated 09.12.2004 and the matter was remitted back to the Court below for passing a fresh order after taking into consideration the materials available in the case diary and plea taken by the petitioner in the application seeking discharge. Since the case of these petitioners are similarly situate as that of the petitioner of Cr. Misc. No. 7997/2005, this application is also allowed and the impugned order dated 09.12.2004 is hereby quashed and the matter is remitted back to the Court below for passing a fresh order 2 after taking into consideration, the materials and the case diary and the plea taken by the petitioners in the application seeking their discharge. Accordingly this application is allowed in the terms aforesaid. kksinha/ (Abhijit Sinha, J.)