IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36876 of 2007 GAUTAM SINGH @ GAUTAM KUMAR SIGH Versus STATE OF BIHAR & ANR Fore the petitioner: Mr. P.K.Verma, Advocate. For the State: Mrs. Indu Bala Pandey, A.P.P. ----------- 3 27.11.2009 Heard the learned counsel for the parties. The petitioner is aggrieved by order dated 4.7.2007 passed by Fast Track Court No.III in Session Trial No.172/03 arising out of Nawada Town P.S. Case No.107 of 2001 whereby he has rejected the petition of the petitioner for discharging him from the offence under sections 323 and 302/34 of the I.P.C. The counsel for the petitioner submits that in view of the prosecution case at the maximum an offence under section 304 of the I.P.C. would be made out. He further submits that the deceased sustained two injuries. Even as per the prosecution case the accused persons are alleged to have pelted stones from the roof of the house. As such he submits that they would not have any intention to kill the deceased. Having heard the counsel for the parties, I am not inclined to interfere with the impugned order. However, it would be open to the petitioner to take all these points at the time of trial. With the aforesaid observation this application is dismissed. Anilkrsinha (Samarendra Pratap Singh, J.)