IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40464 of 2009 1. SUNIL KUMAR RAI @ SUNIL RAI, SON OF SADHU RAI 2. SANJAY KUMAR RAI @ SANJAY RAI, SON OF HARISH CHANDRA RAI, BOTH RESIDENT OF VILLAGE PUSA DEOPAR, P.O.+P.S. PUSA, DISTRICT SAMASTIPUR. 3. RAMESH RAM, SON OF LATE MUKUND RAM, RESIDENT OF PUSA, P.S. PUSA, DISTRICT SAMASTIPUR. ---- PETITIONERS Versus 1. THE STATE OF BIHAR ---- OPPOSITE PARTY ----------- 2 18.2.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioners have filed this application against the order dated 22.10.2009, passed by Fast Track Court No. II, Samastipur, in Sessions Case No. 447 of 2005 by which the Court has refused to discharge the petitioners for offences under Section 302 of the Indian Penal Code. Learned counsel for the petitioners submits that except for statement under Section 164 of the Code of Criminal Procedure made against the petitioners, there is no other material to implicate the petitioners in this case. It is further submitted that the petitioners have been made accused on the basis of the fact that the Investigating Officer had named few persons as accused in this case and on the behest of the investigating officer the name of the petitioners transpired in the statement under Section 164 of the Code of Criminal Procedure. This aspect of the matter can only be thrashed out in a full fledged trial. In the result, this application is dismissed. Sanjay (Sheema Ali Khan, J.)