IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.19797 of 2008 1. DHARMENDRA SINGH son of Jang Bahadur Singh, 2. Jang Bahadur Singh son of Late Piyare Singh, & 3. Bitandi Raut son of late Kamechha Raut, All resident of village- Khiriya Mathia, Police Station- Shikarpur, District- West Champaran at Bettiah …Petitioners Versus 1. THE STATE OF BIHAR & 2. Binod Rai, son of Paras Rai, resident of village- Khiria Mathia, Police Station- Shikarpur, District- West Champaran …Opposite Parties ----------- 2/ 07.04.2011 Heard the parties. It has been submitted that a case was instituted on behalf of the petitioners under section 302 Indian Penal Code which ended in conviction of some accused. Thereafter, a counter version was presented by the opposite party no.2 which ended in final report, but a protest petition was filed by him and the court proceeded in that regard both under section 302 as well as under section 307 Indian Penal Code. The petitioners prayed for discharge on the ground that since one set of accused has already been convicted under section 302 Indian Penal Code, the petitioners were entitled to discharge which the Trial Court refused to do. Since there was allegation also under section 307 Indian Penal Code, I am not inclined to interfere in the matter. The application is dismissed. JA/- (Anjana Prakash,J.)