IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5971 of 2007 EJAZ ANWAR S/O ANWARUL HAQUE R/O VILLAGE BENGDA PS-AMOUR, DISTT-PURNEA---PETITIONER Versus 1. THE STATE OF BIHAR 2. MD. MOHMOOD S/O MD. INUSH, R/O VILLAGE DOMAHNA, PS- JAKIHAT DISTT-PURNEA----OPPOSITE PARTIES ----------- For the Petitioner: Mr. Rajendra Prasad Singh Sr. Advocate For Opp. Party No.2:Mr. M.Z.Quamar,Advocate For the State: Mr. A.K.Singh, APP ------------- 11 2.4.2009 After having heard learned counsel for the petitioner and learned counsel for the opposite party no.2 as well as Addl. P.P. for the State, the Court is of the considered opinion that irrespective of the order passed by learned Sessions Judge in Criminal Revision No. 179 of 2006 the petitioner has liberty to submit at the time of framing of charge the evidence and material which has come during investigation in so far as framing of charge under sections 307 and 379 of the Indian Penal Code are concerned. Prima facie the matter requires consideration by the trial court looking some of the material which has come during the investigation and has been brought on record. Learned Senior Counsel appearing for the petitioner submits that he is not in a position to certify whether the stage of framing of charge is over or not. In case the charge has been framed he has also liberty to file a petition for discharge on such other grounds which may be urged or which has been urged before this Court in this regard. This application stands disposed of with the above liberty. RPS (Ajay Kumar Tripathi,J.)