IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38741 of 2007 TARKESHWAR SINGH (SON-IN-LAW OF RAM BILASH SINGH) SON OF BABULAL SINGH, RESIDENT OF VILLAGE MALIKSARAI, POLICE STATION ISLAMPUR, DISTRICT- NALANDA. Versus THE STATE OF BIHAR For the petitioner : Mr. Anil Kumar Singh, Advocate For the State : Mr. Jharkhandi Upadhyay, APP ----------- 5 18.08.2010 Heard both sides. Petitioner is aggrieved by order dated 22.7.2007 passed by the Trial Judge (1st Addl. Sessions Judge, Hilsa Nalanda) in Sessions Trial No. 735 of 2005. By the said order, his application filed under Section 227 of the Cr.P.C. has been considered and rejected. Petitioner is named in the F.I.R. along with other accused. In the F.I.R., there is general allegation that he was one of the members of the mob who attacked and assaulted the prosecution side. In course of investigation, it has come that he was armed with fire arm and opened firing. It is the contention of the petitioner that admittedly, no one received any gun shot injury. In view of the said submission, it is contended that there is no sufficient material on record to frame charge. It is next contended that he is the husband of the sister of one of the co- accuseds. This Court finds that one of the charges is under Section 307/34 IPC. In view of the findings recorded by the trial court that the case diary reflects sufficient evidence to proceed 2 against the petitioner as well by framing appropriate charge(s), this Court is not inclined to interfere with the order impugned. There is no merit in this application. It is accordingly dismissed. pkj ( Kishore K. Mandal, J. )