IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.56776 of 2007 1. INDAL SAH, SON OF KAMAKHYA SAH 2. KAMAKHYA SAH, SON OF LATE FEKU SAH 3. NAND KUMAR SAH, SON OF LATE FEKU SAH ALL RESIDENT OF VILLAGE KHOPIRA, P.S. PAWANA, DISTRICT BHOJPUR. ---- PETITIONERS Versus 1. THE STATE OF BIHAR. 2. DEO KUMAR SHARMA, SON OF RAMADHAR SHARMA, RESIDENT OF VILLAGE KHOPIRA, P.S. PAWANA, DISTRICT BHOJPUR. ---- OPPOSITE PARTIES ----------- 2 2.4.2010 Heard the parties. The order refusing to discharge the petitioner was passed on 17.8.2007 by the Additional Sessions Judge-IInd (F.T.C.), Bhojpur at Arrah in Sessions Trial No. 142 of 2006. Since there was no stay granted by this Court, it is expected that the trial must have commenced by now. In any case, even if the trial has not commenced, the point raised on behalf of the petitioner that Section 307 of the Indian Penal Code does not apply in the facts of this case can be raised at the time of trial. This application is dismissed. Sanjay (Sheema Ali Khan, J.)