IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4299 of 2008 HARUN GADDI Versus THE STATE OF BIHAR ----------- 02- 5.5.2008 Heard Mr. Jitendra Narain Singh for the petitioner, and Dr. Maya Nand Jha, learned Additional Public Prosecutor for the opposite party. This application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the ‘Code’) is directed against the order dated 22.9.2007, passed by the learned Additional Sessions Judge (Fast Track Court No.II), Bettiah, West Champaran, in Sessions Trial No.18 of 2006 (State of Bihar Vs. Harun Gaddi and others), whereby his application under section 227 of the Code for discharge has been rejected. 2. We have perused the materials on record and considered the submissions of learned counsel for the parties. One Meraj Ahmad lodged a Fardbeyan dated 9.12.2003 (Annexure-1), which was registered as Thakaraha P.S. Case No.58 of 2003, dated 10.12.2003. According to the allegations therein, Lalan Gaddi, full brother of the petitioner herein, had fired at Seraj Ahmad 2 with his country made revolver from point- blank range, as a result of which he died then and there. The present petitioner was also standing there. The fardbeyan was investigated by the police leading to charge-sheet against Lalan Gaddi as well as the present petitioner. Both of them are now facing trial under section 302 read Section 34 of the I.P.C. as well as under section 27 of the Arms Act. 3. The petitioner thereafter filed an application under Section 227 of the Code before the learned trial court which has been rejected by the impugned order. It appears that sufficient materials have come on record during the course of investigation that the petitioner was an accomplice. Charge-sheet was, therefore, rightly submitted and cognizance has rightly been taken against the present petitioner. The impugned order cannot be faulted. 4. This application is accordingly dismissed. (S K Katriar, J.) S.K.Pathak/