IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11487 of 2009 ATAUR RAHMAN KHAN, son of Late Ishaque Khan, village Ratanpura, PS Ashok Paper Mill, District Darbhanga – petitioner. Versus STATE OF BIHAR ----------- 2 17.11.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner has challenged the order, dated 7.1.2009 passed by the Ist Addl. Sessions Judge, Darbhanga in S.T. No. 136/2006 by which the petition filed for discharge the petitioner of the offence alleged to have been committed under section 307 of the Penal Code has been rejected. The short facts are that while Runa Khan opened fire from the pistol on the informant’s son which did not hit him. Runa Khan then re-loaded his pistol in order to fire again but in the mean time other accused persons surrounded the informant and it is said that they tried to strangulate him. Learned counsel for the petitioner submits that as far as the petitioner is concerned, there is no direct specific allegation against him and, therefore, no offence under section 307 of the Penal Code is made out. In this case apart from section 307 of the Penal Code, other sections have also been included while taking cognizance. Therefore, the entire aspects of the case would be considered during the trial and if the petitioner is not found guilty of the offences under sections 447, 323, 307, 379, 504/34 of the Penal Code, undoubtedly he 2 will be acquitted of the charges. It is not the appropriate stage at which evidence can be appraised by the court. This application is dismissed. haque (Sheema Ali Khan, J.)