IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.383 of 2010 RABINDRA YADAV @ RABINDRA PRASAD YADAV, SON OF LATE SITA YADAV, RESIDENT OF VILLAGE KAJI CHAK, P.S. ISLAMPUR, DISTRICT NALANDA. ---- PETITIONER Versus 1. THE STATE OF BIHAR 2. CHANDESHWAR PRASAD, SON OF SIPAHI YADAV, RESIDENT OF VILLAGE MALIK SARAY, P.S. ISLAMPUR, DISTRICT NALANDA. ---- OPPOSITE PARTIES ----------- 2 13.5.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. Petitioner has filed this application challenging the order dated 18.11.2009 by which the Court has rejected the discharge application filed on behalf of the petitioner. The contention of the petitioner is that it has come during investigation that this petitioner was on duty and as such he cannot be roped into an offence under Section 302/34 of the Indian Penal Code. The question whether the alibi of the petitioner is correct or not will have to be tested in a full fledged trial. In the circumstances, I am not inclined to interfere with the order dated 18.11.2009, passed in Sessions Trial No. 1086 of 2006 pending before the Additional Sessions Judge, Hilsa (Nalanda). This application is dismissed. Sanjay (Sheema Ali Khan, J.)