IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.36088 OF 2008 1. KRISHNA YADAV, SON OF SHRI DIN DAYAL YADAV, RESIDENT OF VILLAGE SIRNAMA, POLICE STATION CHANDI (BENA), DISTRICT NALANDA 2. NARSINGH YADAV, SON OF LATE RAM GULAM YADAV, RESIDENT OF VILLAGE ORAJIK, POLICE STATION CHANDI (BENA), DISTRICT NALANDA VERSUS THE STATE OF BIHAR ******** 3 19/07/2011 Heard Counsel for the petitioners and the A.P.P. appearing on behalf of the State. The petitioners are aggrieved by the order dated 10.07.2008 passed in Sessions Trial No. 438 of 2007 by which the Additional Sessions Judge, Fast Track Court No. III, Nalanda has refused to discharge the petitioners for the offences alleged to have been committed under Section 302 of the Indian Penal Code. While considering the case diary and other materials, the Court below has come to the conclusion that prima facie, a case is made out against the petitioners and there is sufficient evidence to proceed with the trial. The Court below has referred to certain paragraphs of the case diary which are not very relevant but there are other materials in the case diary to indicate that there is evidence against the petitioners. In the result, I see no illegality in the order impugned. This application is accordingly dismissed. Anand ( Sheema Ali Khan, J. )