IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32489 of 2010 1. ALOK KUMAR 2. RAJ KUMAR BOTH SONS OF NAGESHWAR PRASAD SHARMA, RESIDENT OF MOHALLA SALIMPUR AHARA, P.S. GANDHI MAIDAN, DISTT. PATNA. ------ PETITIONERS. Versus THE STATE OF BIHAR ----------- 2. 04.03.2011 Heard the parties. The petitioner is aggrieved with the order dated 3.8.2010 passed by the Fast Track Court, IV, Patna, in Sessions Trial No. 153 of 2008 by which the trial court has refused discharge of the petitioner. The petitioner is aggrieved since there was a counter version of the occurrence which was before the Magistrate and, therefore, he should be discharged in the present case and sent for trial in the same Court. However, considering that this cannot be a reason for discharge, I am not inclined to interfere with the order impugned. However, efforts should be taken by the Magistrate to commit the counter version also to the court of Sessions in view of the various decisions of this Court as well as the Hon’ble Supreme Court on this point so that there is no failure of justice. With these observations, the application is disposed off in presence of both the parties. S.Ali ( Anjana Prakash, J.)