IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23684 of 2009 MD.ILIYAS ANSARI @ ILIYASH ANSARI, SON OF LATE YUSUF ANSARI RESIDENT OF VILLAGE MAHADEOPATTI, P.S. PARIHAR, DISTT. SITAMARHI ------- PETITIONER. Versus THE STATE OF BIHAR ------ OPPOSITE PARTY. ----------- 2. 27.09.2010 Heard the parties. The petitioner has sought quashing of the order dated 20.5.2009 passed by Additional District & Sessions Judge, Fast Track Court No. 7, Sitamarhi, in Sessions Trial No. 106 of 2005 arising out of Parihar P.S. Case No. 51 of 1997 by which he has refused to discharge the petitioner from the liability of prosecution lodged under Section 376, 313/511 of the Indian Penal Code. The submission is that final report was submitted against the petitioner but cognizance was taken differing with the same and in the meanwhile, the co-accused was put on trial and he was acquitted and, therefore, the petitioner should be discharged. It is well known that the conviction or acquittal of an accused is dependent on the weight of the evidence collected in a particular trial and this can be no ground for discharging the petitioner. In view of such, the application is dismissed. S.Ali ( Anjana Prakash, J.)