IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS NO.48385 OF 2008
BIRENDRA PRASAD SINGH, SON OF LATE RAM SHRINGAR
SINGH, RESIDENT OF MAULAPUR, POLICE STATION
TRAYAN, DISTRICT SARAN AT PRESENT RESIDING AT
DEVRAHA BABA COLONY, SADHNAPURI, POLICE STATION
CHAPRA TOWN, DISTRICT SARAN AT CHAPRA
VERSUS
1. THE STATE OF BIHAR
2. SUMAN KUMAR MISHRA, SON OF SHRI LAL BAHADUR
MISHRA, RESIDENT OF VILLAGE MALA, POLICE
STATION CHAPRA (M), DISTRICT SARAN AT CHAPRA
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2 05/08/2011 This application has been filed challenging
the order dated 04.12.2007 passed in Chapra (T) Police
Station Case No. 128 of 1996 (Trial No. 3180 of 2007)
by which the Sub Divisional Judicial Magistrate, Saran
at Chapra has dismissed the discharge application filed
on behalf of the petitioner.
On perusal of the impugned order, it
appears that charges were to be framed on 17.01.2008,
and as such, this Court presumes that the charge have
been framed by now.
In any event, it appears that the Court below
has referred to the fact that after investigation by the
Central Bureau of Investigation, the case was found to
be prima facie true against the petitioner under various
sections of the Indian Penal Code.
Considering the facts that the Court below
has found sufficient materials in the case diary against
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the petitioner to proceed with the case, I see no reason
to differ with the order impugned.
This application is accordingly dismissed.
Anand (Sheema Ali Khan, J.)