IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3736 of 2010 MRITUNJAY KUMAR @ MRITYUNJAY KUMAR SON OF SHRI DINESH PRASAD MANDAL, RESIDENT OF VILLAGE MARUWAHA, POLICE STATION BHARRAHI BAZAR, DISTRICT MADHEPURA, PRESENTLY POSTED AS CIRCLE OFFICER, NAUGACHHIYA, DISTRICT BHAGALPUR …. PETITIONER. Versus THE STATE OF BIHAR …… OPPOSITE PARTY. ----------- 3. 6.9.2010 The petitioner seeks quashing of the order dated 23.11.2009 passed by S.D.J.M., Pupri at Sitamarhi in Trial No.1063 of 2009, G.R.No.187 of 2005 arising out of Manpur P.S.case No.36 of 2005, by which the prayer of the petitioner for being discharge has been rejected by the court below. The submission of the Counsel for the petitioner is that the petitioner was the informant of the present case, being the B.D.O. and Incharge of wheat bags which had been stolen from the godown. Subsequently during investigation it transpired that the petitioner in conspiracy with others had got the wheat distributed among the villagers. The contention of the Counsel for the petitioner is that had the intention been to sell the wheat contained in the bags there was no question of him distributing the same to the villagers and, therefore, no offence whatsoever is made out against the petitioner. The learned Counsel for the State submits that in the case diary all that has transpired against the petitioner is that he being the B.D.O. had conspired to the wheat being distributed. - 2 - Considering the entire conspectus of the case, this application is allowed and the order dated 23.11.2009 passed by S.D.J.M., Pupri at Sitamarhi in Trial No.1063 of 2009, G.R.No.187 of 2005 arising out of Manpur P.S.case No.36 of 2005 is quashed. Narendra/ ( Anjana Prakash, J. )