IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10930 of 2008 1. AMBIKESHWARDHAR DUBEY 2. Radheshyam Mishra 3. Mangal Ram ……………………….. Petitioners Versus STATE OF BIHAR & ANR ----------- 3. 30.04.2010 Heard leaned Counsel for the petitioners and the learned Counsel for the State. The petitioners question the trial before a Sessions Court contending that offences under Sections 223 & 224 IPC were triable by a Magistrate and only that under Section 225 IPC where a person had been sentenced to imprisonment for life or beyond ten years or was under sentence of death then only it was triable by the Sessions Court otherwise by the Court of the Magistrate. The allegations related to a charge of allegedly conniving with the accused in custody facing trial to escape by digging a tunnel through the septic tank. The contention of law raised before this Court does not appear to have been canvassed by either side before the trial court and therefore it had no occasion to apply its mind to the issues of law. The question raised is purely a question of law. The impugned order dated 1.2.2008 passed in Sessions Trial No. 173 of 2007 is therefore set aside and the matter is remanded to the Court of F.T.C. 3 Gaya to hear the parties again and pass a reasoned and speaking order in accordance with law. The application stands disposed. Snkumar/- (Navin Sinha,J.)