IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30796 of 2008 TULSI CHAUDAHRY, SON OF LATE GOPAL CHAUDHARY, RESIDENT OF VILLAGE TUMKADIA, P.S. BAIRIYA, DISTRICT WEST CHAMPARAN (BETTIAH) -- PETITIONER Versus 1. THE STATE OF BIHAR. 2. RAGHUNATH CHAUDHARY, SON OF LATE RAGHUPAT CHAUDHARY, RESIDENT OF VILLAGE BAGAHI RATANPURA, BAKULIA TOLA, P.S. BAIRIYA, DISTRICT WEST CHAMPARAN (BETTIAH) ---- OPPOSITE PARTIES ----------- 2 24.6.2011 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner is aggrieved by the order refusing to discharge the petitioner under Section 227 of the Code of Criminal Procedure dated 19.5.2008 passed by the Fast Track Court No. III, Bettiah in Bairiya P.S. Case No. 97 of 2006 (Sessions Trial No. 292 of 2007). Learned counsel for the petitioner submits that the petitioner was deputed to Sikta, District Bettiah as a Revenue Karamchari. It is specifically stated that the petitioner has some sort of enmity with the police activity as he was once arrested on 3.9.2006 although no case was instituted against him and it was only because of the intervention of the District Secretary, Land Reform Revenue Karamchari Association that the petitioner was subsequently released on bail. The question of the 2 petitioner’s alibi can only be decided in the trial by leading evidence. At this stage, this Court cannot on the basis of the defence raised on behalf of the petitioner discharge him for the offences under Sections 363, 365 and 120B of the Indian Penal Code. This application is accordingly dismissed. Sanjay ( Sheema Ali Khan, J.)