IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37978 of 2008 Ratnesh Prasad Thakur, Son of late Raghunath Prasad Thakur, resident of village- Budhnagra, P.S. Mushari, District- Muzaffarpur. Versus The State Of Bihar For the petitioner: Mr. Abhay Kumar, Advocate. For the State : Mr. Jharkhandi Upadhayay, A.P.P. ----------- 02 19.07.2011 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. This application has been filed to discharge the petitioner for the offence under Section 304 of the Indian Penal Code. Learned counsel for the petitioner submits that the main act was done by 1000-1500 persons, while two persons entered into the house of informant to commit crime, who was caught by the mob. It is submitted that the petitioner had lodged an F.I.R. against the deceased and others. The Court has referred paragraphs- 54, 58 and 62 of the case diary and stated that the petitioner cannot be discharged at this stage. Probably, as far as the discharge application is concerned, the Court below is correct in holding that may not be discharged at this stage, however, the Court below is directed to look into all the materials during the trial including the fact that the mob of 1000- 1500 persons is said to have been responsible for the occurrence. This application is disposed off with the aforesaid observation. Md. Ibrarul ( Sheema Ali Khan,J.)