IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12305 of 2008 OM PRAKESH KUMAR, S/O Kapildev Prasad, resident of Village- Bhulahe, P.S. Majhauliya, presently Haribatika Gandak Road,Bettiah Nagar, District-West Champaran..........................................Petitioner. Versus THE STATE OF BIHAR...............................................Opposite Party. ----------- 2. 05.05.2010. Heard learned counsel for the petitioner and the State. The petitioner is aggrieved by the order dated 15.01.2008 passed in Sessions Trial No. 879 of 2006 whereby the accused persons were discharged under Sections 326 and 307 of the Indian Penal Code and the case was transferred to the court of the learned Chief Judicial Magistrate, Bettiah, for conducting the trial under Sections 323,341, 325, 540/34 of the Indian Penal code. From perusal of the order sheet, I do not find any illegality in the impugned order as after considering the materials on record the learned court below has come to the conclusion that no case under Section 307 of the Indian Penal Code is made out. It is contended by the learned counsel for the petitioner that there are materials on record to suggest that case under section 307 of the Indian Penal Code is made out. In my view, the hands of the Magistrate 2 are not fettered if such materials come during the trial then to commit the case to the court of Sessions again in exercising of power under Section 323 of the Cr.P.C. With this observation, this application is disposed off. U.K. (Dinesh Kumar Singh,J)