IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.926 of 2007 PAWAN KUMAR KUNWAR Versus THE STATE OF BIHAR & ANR ----------- 6 30.04.2009 Heard learned counsel for the petitioner, State and the informant. The petitioner is aggrieved by the order dated 11.05.2007 passed in Sessions Trial No. 81 of 2006 arising out of Mahnar Police Station Case No. 117 of 2001, whereby a petition for discharge filed on behalf of the petitioner has been rejected. Learned counsel submits that the learned trial court erred in not allowing the discharge petition. He submits that the informant has not alleged any specific allegation against him in the FIR. He rather submits that it is the informant who asked the petitioner to accompany him to Patna for searching his son. Learned counsel submits that it would appear from the prosecution case that subsequently four persons surrounded them and even the petitioner was not assaulted. Learned counsel submits that the informant thereafter alleges that he was taken to one house and from thereon boat. The boat started tilting and he fell in river and was rescued by some fishermen. Learned counsel for the petitioner submits that, in fact, his father instituted a case against the informant Vijay Ray and pursuant to that he has been subsequently made an escape goat and implicated in this case. He submits that there is no material against him for framing of charges. It appears that the learned trial court has not discussed the grounds for rejecting his petition of discharge. - 2 - In this view of the matter, the impugned order dated 11.5.2007 is set aside and the case is remitted back to the learned trial court for fresh consideration. It is made clear that this court has not expressed any opinion regarding merit of the case. With the aforesaid observation, this application is allowed to the extent mentioned above. Kundan (S. P. Singh, J.)