IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44303 of 2008 Anjan Kumar, Son of Satyendra Prasad Patwa, Resident of Village Mahua Purani Bajar, PS Mahua, District Vaishali ----- Petitioner Versus 1. The State Of Bihar. 2. Kailash Kumar Pandey, Son of Yogendra Pandey, Resident of Rewari, PS Anjar Ghat, District Samastipur ----- Opposite Parties ----------- 2 29.7.2011 The petitioner is aggrieved with the order taking cognizance dated 29.3.2007 passed by the Chief Judicial Magistrate, Samastipur. The petitioner has raised an issue that no case will be made out against him under Sections 279 and 304A of the Indian Penal Code as the person against whom the petitioner dashed a motorcycle was in drunken state. This aspect of the matter may be examined by the Court below at the stage of framing of charges. This application is disposed of with the aforesaid observation. Sanjay (Sheema Ali Khan, J.)