IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17514 of 2007 RAM NARESH TIWARY Versus STATE OF BIHAR & ANR ----------- 4. 18.9.2008. Heard the learned counsel for the petitioner as also the learned A.P.P. for the State. The grievance of the petitioner is against the order dated 17.3.2007 passed by the learned Presiding Judge, Fast Track Court No.V, Vaishali at Hajipur, whereby he has rejected the petitioner’s petition for his discharge filed under Section 227 Cr.P.C. It has been submitted by the learned counsel for the petitioner that the learned Presiding Judge had erred in law by rejecting the petition of the petitioner for his discharge since no offence under Section 307 I.P.C. can be said to have been made out against him. The impugned order as also the injury reports at Annexures- 3 and 4 are very clear. It is apparent from the impugned order that it was the petitioner who had fired several times from his gun with an intention to kill the informant and his complicity is available in several paragraphs of the case diary, all of which have been furnished in the impugned order. The injury report of the informant shows the radiological finding reveals the presence of small round high density metallic like capacity on the side of the neck which in the opinion of the doctor was caused by fire arms. In this view of the matter, I find no apparent illegality or impropriety on the part of the learned court below in rejecting the - 2 - prayer of the petitioner for his discharge. An offence under Section 307 I.P.C. in the facts and the circumstances of the case clearly appear to have been made out against the petitioner and he shall be tried thereunder alongwith other offences. Accordingly, this application is dismissed. P.S. (Abhijit Sinha,J)