IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28684 of 2010 YASWANT KUAR @ PINTU @ YASWANT KUMAR SON OF BIRENDRA KUAR, RESIDENT OF VILL. AMBAKALA, P.S. PIPRAHI, DIST. SHEOHAR …. PETITIONER Versus STATE OF BIHAR ----------- 2. 25.2.2011 The petitioner is aggrieved with the order dated 18.11.2009 passed by the A.D.J., F.T.C.IInd, Sheohar at Sitamarhi in Sessions Trial No.444 of 2007, by which he has refused to discharge the petitioner. It appears from the impugned order that the trial court did not consider as to what was the material appearing against the petitioner and he merely dismissed the application for discharge since the petitioner had not appeared since 4.8.2008. However, on going through the records of the case, I find that the petitioner was named in the first information report as one of the participants of the occurrence and, therefore, there is no justification for discharging him. In view of such, the application is dismissed. Narendra/ ( Anjana Prakash, J. )