IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44895 of 2008 1. Ranjeet Kumar Rai @ Sharmanand Rai 2. Khelari Rai 3. Surendra Rai 4. Upendra Rai 5. Nanda Rai --------------------- Petitioners Versus State Of Bihar ---------------------------------- 3 28.9.2011 Heard learned counsel for the parties. Earlier a petition was filed for summoning these petitioners under section 319 Cr.P.C. that was kept pending to be considered at later stage on examination of the informant and the petition was without any power filed by the informant is not needed to be considered as the impugned order is passed basing petition of prosecution dated 21.8.2007. In the case, F.I.R. was lodged against several persons including these petitioners but petitioners were not sent for trial when the charge sheet was submitted in the case that was accepted by the Magistrate and then the case is committed, no doubt at the time of framing of charge in this case on 10.6.2002 they have been shown discharged. There was no need of making such observation as when cognizance was taken in the case, petitioners were not accused in 2 the case. Once they were not accused, any order to discharge them by the trial court is no order in the eye of law. In course of trial, prosecution witnesses have involved these petitioners also in committing crime. So I find no illegality in the impugned order dated 26.7.2008 passed by Additional Sessions Judge, F.T.C. III, Hajipur in Sadar Hajipur P.S. Case No. 110/2001. Accordingly, this application stands dismissed. AI ( Mandhata Singh, J.)