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