IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45938 of 2007 RAJESH KUMAR SAHNI son of Bhagwat Sahni, resident of village-Ataulpur near Banswaria Baba, P.S.-Lalganj, Dist.Vaishali …. …. Petitioner Versus 1.STATE OF BIHAR 2.Meraj Alam, S/o Md.Idrish, resident of village-Bajitpur Saidat, P.S.- Bidupur, Dist.-Vaishali …. …… ….Opposite party. ----------- 4. 5.3.2010. Heard Mr. Awadhesh Kumar Singh, learned counsel for the petitioner and learned counsel for the State. The petitioner has challenged the order dated 5.9.2007 passed by Additional Sessions Judge-cum- F.T.C.-1, Vaishali at Hajipur in Sessions Trial No.97 of 2007 whereby learned court below has rejected the petition for discharge filed under section 227 of the Code of Criminal Procedure on behalf of the petitioner. While pressing the petition, learned counsel for the petitioner submits that during investigation injury report was brought on record which suggests that it was not a case under section 307 of the Indian Penal Code and ignoring the injury report the court has rejected the petition for discharge. The learned Sessions Judge, while rejecting the discharge petition at least examined some evidences which were brought on record during investigation. He has noticed that in the occurrence this petitioner along with two others stopped the informant while he was coming on a motorcycle along with another and thereafter he also opened fire which hit him. After perusing the impugned order, I am of the view that there is no illegality or irregularity in the same. I find that the order is in accordance with law. Accordingly, this petition stands dismissed. 2 By order dated 19.1.2009 while permitting the learned counsel for the petitioner to add complainant as opposite party no.2, this court had passed an order of stay of the proceeding in Sessions Trial No.97 of 2007. After rejection of the petition automatically stay order granted earlier stands vacated. This order may be communicated to the court concerned forthwith. Md.S. ( Rakesh Kumar, J.)