IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.30504 OF 2008 AWADH SINGH @ LOHA SINGH, SON OF LATE KAPILDEO SINGH, RESIDENT OF VILLAGE KHUTAHADIH, POLICE STATION BARAHIYA, DISTRICT LAKHISARAI VERSUS THE STATE OF BIHAR ******** 2 24/06/2011 Heard Counsel for the petitioner and the A.P.P. appearing on behalf of the State. This application has been filed challenging the order dated 28.04.2008 passed in Sessions Trial No. 163 of 2007 by which the Additional Sessions Judge, Fast Track Court No. III, Lakhisarai has rejected the petition under Section 227 of the Code of Criminal Procedure for discharging the petitioner for the offences alleged to have been committed under Sections 147, 148, 149, 353 & 307 of the Indian Penal Code and Sections 25 (1-B) S/26/27/35 of the Arms Act. Counsel for the petitioner states that the case is still pending and the trial has not commenced. The main submission on behalf of the petitioner is that there is not a single line in the case diary which can support the fact that the petitioner was the member of the mob. The only material, according to the Counsel for the petitioner, is that the Police has stated that the petitioner is the member of the gang. 2 The Additional Sessions Judge, Fast Track Court No. III, Lakhisarai is directed to ascertain this fact and reconsider the matter afresh as far as it concerns the petitioner. The order dated 28.04.2008 passed in Sessions Trial No. 163 of 2007 is quashed as far as it relates the petitioner with a direction that this matter may be disposed of within a period of one month from the date of receipt/production of a copy of this order. This application is allowed to the extent indicated aforesaid. Let a copy of this order be communicated to the Additional Sessions Judge, Fast Track Court No. III, Lakhisarai in connection with Sessions Trial No. 163 of 2007 at the cost of the petitioner, if deposited within a period of one week from today. In case, cost of fax is not deposited by the Counsel for the petitioner within the aforesaid period of one week, this application shall stand dismissed. Anand ( Sheema Ali Khan, J. )