IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.47131 of 2007 SHIVAJI PRASAD S/O LATE RAMCHANDRA PRASAD R/O –MOHALLA RATANPUR, PS- BHAGWAN BAZAR DISTT- SARAN AT CHAPRA AT PRESENT WORKING AS CLERK-CUM-STORE KEEPER, OFFICE OF SUPDT. SADAR HOSPITAL, CHAPRA--------PETITIONER Versus 1. THE STATE OF BIHAR 2. PAPPU ANSARI S/O ADAM ANSARI R/O SAI RAIPATTI, PS- DIGHWARA, DISTT- SARAN AT CHAPRA—OPP. PARTIES. ----------- 4 13.4.2009 Heard learned Senior counsel for the petitioner and learned APP for the State. Learned APP while going through the case diary with regard to the materials against the petitioner has drawn the attention of this Court in paragraphs 79, 80, 81 and 82 of the case diary that there are different witnesses who have categorically stated with regard to participation of this petitioner along with one Umesh Bhagat and some other persons in kidnapping one Samla Begun. Learned Senior counsel submits that the order of rejection of the petition for discharge under section 227 of the Cr. P. C. is misplaced because some of the paragraphs of the case diary which have been referred in the order of Additional Sessions Judge does not reflect the true state of affairs. But then it is not necessary for learned Additional Sessions Judge to record each and every aspect of the materials which have come in the case diary. If there are cogent evidence available then there is no occasion to discharge the petitioner of his culpability at this stage. Learned Senior counsel submits that the evidence which has been read out by learned APP is not reliable because - 2 - these witnesses have stated almost after one and half years of the so called crime. The above submission cannot be accepted on the face value because the investigation takes time and the quality of the evidence would be judged during the course of trial and the same cannot be a ground for discharge of the petitioner of the allegations made against him for which cognizance has been taken. This application has no merit and the same is dismissed. RPS (Ajay Kumar Tripathi,J.)