IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7980 of 2004 RAJENDRA SINGH, S/o Late Kamal singh, R/o Daulatpur, P.S. Hajipur Sadar, District Vaishali at present residing at 12/8 Type II quarter, New Kach Bihar North, State West Bengal …. Petitioner Versus 1. STATE OF BIHAR 2. Manoj Kumar Chaudhary, S/o Shivnand Chaudhary, R/o village Daulatpur, P.S. Hajipur Sadar, District – Vaishali …. Opp. Parties ----------- For the petitioner : Mr. Devendra Kumar Singh, Advocate For the State : Mr. Jharkhandi Upadhaya, A.P.P. For O.P. No. 2 : None. ---------- ORDER This application by the FIR named accused of Sessions Trial No. 54 of 2002 arising of Hajipur Sadar P.S. Case No. 192 of 1999 is for quashing of the order dated 5.2.2004 passed therein by the learned 3rd Additional Sessions Judge, Vaishali at Hajipur, whereby he has rejected the petition filed by the petitioner for his discharge under section 227 Cr.P.C. The ground urged for such discharge was that the only allegation against the petitioner was of his having administered poison to Mukesh Kumar Choudhary alias Pinku, the brother of informant Manoj Kumar Chudhary, which has unfortunately not been supported by the viscera report which indicated that no metallic, alkaloidal, glycesidel, pesticidal or volatile poison could be detected in the dark brown fluid. Having due regard to the fact that offence alleged is under sections 328 / 302 IPC I am not inclined to interfere with the - 2 - impugned order. All these documents will be considered at the time of trial. Accordingly the application is dismissed. Patna High Court, Patna. Dated : The 26th of February, 2009 Sanjay Pd./A.F.R. (Abhijit Sinha, J.)