CAV JUDGMENT

Heard learned counsel for the petitioner as well as learned APP for the Opposite parties.

2. The petitioner has challenged order dated 22.08.2019 passed in Sessions Trial Case No. 492 of 2015 arising out of Kotwali P.S. Case No. 305 of 2012 registered for the offences punishable under Section 302/34 IPC and under Section 27 of the Arms Act by learned A.D.J.-7, Bhagalpur whereby the petitioner has been summoned to face trial under Section 319 of the Indian Penal Code.

3. The case of the prosecution is that one Manoj Kumar Gupta lodged FIR on 03.06.2012 at 02:40 PM before the Sub Inspector of Barai Police Station alleging therein that on 02.06.2012 at around 05:45AM his younger brother Bishwanath Kumar Gupta had gone to fruit shop. He went to take tea at Bhariti Chauk. While returning after taking tea two unknown persons fired upon him. He sustained gun shot in his stomach and on 03.06.2012 he was declared dead.

4. Information reached police station on 02.06.2012 at 07:30PM but the FIR seems to have been lodged at 09:45 PM on 03.06.2012 and it reached the learned Magistrate on 06.06.2012.

5. The counsel for the petitioner submits that the murder was committed due to busi