IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32488 of 2008 Sukhraj Singh, son of Shri Fatuli Singh, village Ossain, PS Bihiya, District Bhojpur – Petitioner. Versus State Of Bihar ----------- 2 30.6.2011 Heard learned counsel for the parties. The petitioners are facing trial in a case under sections 420, 465, 466, 468, 471 and 120B of the Penal Code. By the impugned order, dated 26.5.2008 learned C.J.M, Banka has rejected the application under section 228 of the Code of Criminal Procedure on the ground that the petitioner who was Sub Jailer of Banka Jail has allegedly freed some accused persons on the basis of forged and fabricated bail orders. The C.J.M, Banka has rightly rejected the application of the petitioner by observing that the evidence in this case will have to be tested in an appropriate stage and cannot be evaluated at this stage. I find that there is no illegality in the reasons of the C.J.M. This application is, thus, dismissed. haque ( Sheema Ali Khan, J.)