IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.37952 OF 2009 MD.MODRASHI @ MODASSIR, SON OF LATE SHAMSUL HAQUE, RESIDENT OF VILALGE MADHUBAN GOT, POLICE STATION BAJPATTI, DISTRICT SITAMARHI VERSUS 1. THE STATE OF BIHAR 2. KISHORI BHAGAT, SON OF MAHGU BHAGAT, RESIDENT OF VILLAGE BARWATOLA, POLICE STATION BAJPATTI, DISTRICT SITAMARHI ………………………………………………………………….OPPOSITE PARTIES ********** 2 03/11/2009 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. The petitioner is an accused in a case under Sections 364, 307, 323/34 of the Indian Penal Code and Section 27 of the Arms Act. Learned Counsel for the petitioner submits that the entire case is false and fabricated and filed out of political vendetta as the wife of the petitioner and the wife of the kidnapped person Prabhu Mahto were the candidates in the Mukhiya elections. It is further stated that even the injuries alleged are simple in nature and as such no case under Section 307 of the Indian Penal Code is made out. The aforesaid grounds taken on behalf of the petitioner would be considered by the Trial Court during the trial of the case. I see no reason to interfere with the impugned order refusing to discharge the petitioner. This application is accordingly dismissed. ANAND ( Sheema Ali Khan, J. )