IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.13481 OF 2009 1. MOULVI TAIYAB @ MD.TAIYAB, SON OF MD. KALU 2. ABDUL HAMID, SON OF KHASIUR RAHMAN BOTH RESIDENT OF VILLAGE FULGACHI, POLICE STATION GARBHANDANGA, DISTRICT KISHANGANJ ………………………………………………………………………..PETITIONERS VERSUS 1. THE STATE OF BIHAR 2. HAROON RASHID, SON OF MD. YUNUS, RESIDENT OF VILLAGE FULGACHI, POLICE STATION GARBHANDANGA, DISTRICT KISHANGANJ ………………………………………………………………………..OPPOSITE PARTIES ******* 2 14/05/2010 Heard Counsel for the petitioners and the A.P.P. appearing on behalf of the State. The petitioners are aggrieved by the fact that while rejecting the discharge application in Sessions Trial No. 1185 of 2008, the Additional Sessions Judge, Fast Track Court No. V, Kishanganj has taken into consideration the order of cognizance and the order of bail. However, on perusal of the entire order sheet, it appears that the Court below has also taken into account various paragraphs of the case diary to come to a conclusion that the petitioners are guilty for the said offence even though, there may be some contradictory evidence in the case diary. All these aspects will have to be considered in a full fledge trial. This application is dismissed. Anand ( Sheema Ali Khan, J.)