IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41784 of 2010 SHAHIN AHMAD KHAN Versus STATE OF BIHAR & ANR ----------- 2. 14.01.2011 Heard. After some argument the learned counsel for the petitioner seeks permission to withdraw the petition. The petition is dismissed as withdrawn. However, the petitioner shall have the opportunity of raising the point of constitution of offence under Section 307 of the IPC and the court which hears his plea shall consult the provisions of Sections 227 and 228 of the Cr.P.C. which specially requires that the court of Sessions could go ahead with the trial by framing the charges only when the facts constitute an offence exclusively triable by that court. This finding is necessary to be given as and when an order under those particular provisions are to be passed. With the above directions this petition stands dismissed. B.Kr. ( Dharnidhar Jha,J.)