IN THE HIGH COUR T OF JUDICATURE AT PATNA Cr.Misc. No.13740 of 2011 Raj Dev Yadav & Ors. Versus The State Of Bihar ----------- 2 08.11.2011 Heard learned counsel for the petitioners as well as learned Additional P.P. Though the petitioners have challenged the order dated 04-03-2011 passed by the learned lower court (First Additional District & Sessions Judge, Bagha) rejecting the prayer of the petitioners made under Section 227 of the Cr.P.C. in connection with Sessions Trial No.348 of 208, however made a different prayer during course of argument while challenging the order impugned suggesting that no offence to be exclusively triable by a court of Session is made out from the allegation and the materials whatever is available in the case diary. 2 The appreciation of materials with regard to scrutinizing and dealing with the prayer made under Section 227 as well as 228(a) of the Cr.P.C. happens to be on different footing. The order impugned suggests that the learned lower court had traced out the materials against the petitioners which was found sufficient to be nullifying the prayer so made for discharge under the guise of Section 227 of the Cr.P.C. Therefore, taking into account the materials whatever is coming out from the order of the learned lower court, I do not see it a fit case for interference, as such prayer is refused. However, it will be open for the petitioners to raise the plea so far application of Section 228(a) of the Cr.P.C. is concerned. PN (Aditya Kumar Trivedi, J.)