IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32825 of 2005 Shambhu Singh, son of Sri Ram Swaroop Singh, village Mai Dariyapur, PS Mufassil, Dist. Munger – Petitioner. Vs. 1) The State of Bihar, 2) Sri Arbind, Branch Manager, State Financial Corporation, Bhagalpur – Opp. Parties. 15 21.6.2011 Heard learned counsel for the petitioner and the State. The petitioner has challenged the order, dated 26.7.2005 rejecting the discharge petition filed by the petitioner in G.R. Case No. 1515/1994. Learned counsel for the petitioner submits that the allegation against the petitioner is that he had carried away certain machineries from the premises where the industry was situated. It is further submitted that the assets of the industry belong to the petitioner and, therefore, it cannot be said that a case is made out under sections 406 and 420 of the Penal Code. The main contention of the petitioner is that the agreement would indicate that no offence is made out against the petitioner. I do not find that there is any illegality in the order of the court below. The court has considered the allegations, materials that transpired in the case diary and come to the conclusion that a case is made out against the petitioner. In the circumstances I am not inclined to interfere with the impugned order. This application is dismissed. haque ( Sheema Ali Khan, J.)