IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39730 of 2008 Uday Kumar son of Sri Krishnadeo Mahto, Resident of village- Chatakan, P.S. Kako, District-Jehanabad . Versus The State Of Bihar . ----------- 02. 22.07.2011 Heard learned counsel for the petitioner and the State. This application has been filed against the order dated 08.08.2008 passed by First Additional Sessions Judge, Jehanabad by which he has confirmed the order dated 02.07.2007 passed by First Class Judicial Magistrate, Jehanabad rejecting the discharge petition under section 216 of the Code of Civil Procedure. In this case charges were framed under Section 147, 148, 149, 324, 325 and 504. An application has been filed on behalf of the petitioner taking a plea that offence is made out under Section 379 of the Indian Penal Code, as such it may be added to the charge. The court has rejected the application on the ground that there is no allegation against the petitioner that they had snatched the golden chain from the neck of the informant. Learned counsel for the petitioner further submits that in a case of this nature under section 379 of the Indian Penal Code is often added as an offence to make the case serious and as such the court had rightly not taken cognizance under section 379 of the Indian Penal Code. This argument on behalf of the petitioner- 2 informant would be available to then during the trial of the case and court would be at liberty to take into account the evidence led on this count. This application is disposed of with the aforesaid observation. Devendra/ ( Sheema Ali Khan, J.)