IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31441 of 2008 Rajeev Ranjan, Son of Sri Shyam Chandra Jha, presently resident of House No. 11, Kitab Bhawan Gali, North S.K. Puri, Boring Road, Patna-1, and permanent resident of Mohalla Jhanjharpur Railway Station, near Lalit Smarak Chowk, PS Jharjharpur (R.S. Shivir), District Madhubani. ---- Petitioners Versus 1. The State Of Bihar. 2. Binod Kumar Singh, Son of late Jang Bahadur Singh, Resident of Village Doula Chak, P.O. Tungi, District Nalanda (Biharsharif). ---- Opposite Parties. For the petitioner : Mr. Mritunjay Kumar Gautam, Advocate For the State : Mr. Jharkhandi Upadhyay, A.P.P. ----------- 2 29.6.2011 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. Petitioner is aggrieved by order dated 21.4.2008 refusing to discharge the petitioner under Section 239 of the Code of Criminal Procedure. Learned counsel for the petitioner submits that the First Information Report would indicate that the case has been instituted due to rivalry because of the fact that the petitioner has separated from the informant and started his own N.G.O. Learned counsel further submits that the case diary would indicate that in fact nobody has actually seen the petitioner committing the Act under Section 392 of the Indian Penal Code. Both the witnesses have stated that a motorcycle was looted from the place of occurrence. These aspects of the matter can only be tested in a full fledged trial. I am not inclined to interfere with the order impugned. This application is dismissed. Sanjay ( Sheema Ali Khan, J.)