IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.911 of 2009 1. RAM EKBAL SINGH 2. SHREE NIWASH SINGH 3. RAVINDRA SINGH 4. JITENDRA SINGH 5. AMIT KUMAR SINGH 6. VIJAY SHANKAR SINGH 7. GAJENDRA SINGH 8. SURENDRA SINGH 9. NAND KISHORE SINGH Versus STATE OF BIHAR ----------- 4 02.07.2009 Heard both sides. The petitioners have called in question the order dated 17.2.2009 passed by the learned Addl. Sessions Judge, F.T.C.-IV Rohtas at Sasaram in Sessions Trial No. 218 of 2008 (State vrs.. Bharat Singh & Ors.). By the said order, the application filed by the petitioners under section 227 of Code of Criminal Procedure for discharge has been considered and rejected. Learned counsel appearing on behalf of the petitioners has tried to assail the order on several counts. It appears from the impugned order that the prayer for discharge was made on the following grounds: (i) The injured did not go to a hospital but preferred to go to a hospital/dispensary located 10/11 kms away from the place of occurrence. (ii) There is no specific overt act alleged against the petitioners. (iii) The occurrence has taken place in the 2 night and there was no source for identification of the accused persons. (iv) The prosecution party were aggressors. (v) Some of the accused persons including the petitioners sustained injuries at the hands of the prosecution which remained unexplained. The learned trial court appreciated the submissions and after hearing both sides, rejected the application seeking discharge. This court perused the judgment impugned. There appears to be sufficient materials to proceed with the case. Having regard to the materials available on record, as also the narrow scope of the jurisdiction invoked by the petitioners, this court does not find any merit in the application. It is, accordingly, rejected. pkj ( Kishore K. Mandal, J. )