High Court Patna High Court - Orders

Subansh Yadav &Amp; Anr vs State Of Bihar on 18 January, 2011

Patna High Court – Orders
Subansh Yadav &Amp; Anr vs State Of Bihar on 18 January, 2011
             IN THE HIGH COURT OF JUDICATURE AT PATNA
                        Cr.Misc. No.14438 of 2008
 1. SUBANSH YADAV
 2. ARBIND YADAV
    BOTH S/O LATE RAM LAKHAN YADAV R/O VILLAGE -KAZIPUR TALI,
    P.S. JEHANABAD (KALPA) DISTRICT- JAHANABAD.
                                                 ..................... Petitioners.
                                  Versus
    THE STATE OF BIHAR
                                                  ............. Opposite Party
                                 -----------

For the State : Binod Kumar No.2 (APP)

———–

2. 18.01.2011 Heard counsel for the state.

The application has been filed for quashing

the order dated 15.02.2008, whereby the

petitioners’ application for discharge under Section

228 of Cr.P.C. has been rejected.

From the impugned order it appears that

there is specific allegation against accused

Subansh Yadav to have thrown Sudhir Yadav in a

well and Vishwanath Yadav to have fired two shots.

For constituting the offence under Section

307 I.P.C. it is the intention of the accused that

matters and the conduct of the accused persons

reflect their intention. I find no merit in the

application to interfere with the impugned order.

The application is dismissed.

         Fahad.                               ( Dinesh Kumar Singh, J. )