IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39986 of 2009 SAROJ OJHA, SON OF SUDAMA OJHA, RESIDENT OF VILLAGE ASHANI, P.S. RASULPUR, DISTRICT SARAN. ---- PETITIONER Versus 1. THE STATE OF BIHAR 2. BISWAJEET YADAV, SON OF LATE NARAYAN YADAV, RESIDENT OF VILLAGE ASHANI, P.S. RASULPUR, DISTRICT SARAN. ---- OPPOSITE PARTIES ----------- 2 1.2.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of the informant. Petitioner has challenged the order dated 5.11.2009, passed by the Additional Sessions Judge, Saran at Chapra in Sessions Trial No. 468 of 2009 (arising out of Rasulpur P.S. Case No. 10/2009) by which the Court below has rejected the discharge petition of the petitioner under Section 227 of the Cr.P.C. Learned counsel for the petitioner submits that the petitioner was not named in the First Information Report or in the further statement of the informant. It is submitted that even the injured witness who was examined did not name the petitioner, and at a belated stage of the investigation the petitioner has been named as being a member of the mob. On the basis of the aforesaid submission learned counsel for the petitioner submits that the petitioner should be discharged from the offences under Section 302 and other Sections of the Indian Penal Code and Section 27 of the Arms Act. All these aspects of the matter will be considered after the evidence is led in this case. Obviously the petitioner would have the advantage of the submission made aforesaid if they are found to be true. 2 I find no illegality in the impugned order dated 5.11.2009, passed by the Additional Sessions Judge, Saran at Chapra in Sessions Trial No. 468 of 2009 (arising out of Rasulpur P.S. Case No. 10/2009). This application is dismissed. Sanjay (Sheema Ali Khan, J.)