IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.8694 OF 2009 RAGHUNATH YADAV, SON OF BHAIRO YADAV, RESIDENT OF VILLAGE SALAYIA, POLICE STATION AND DISTRICT KODARMA (JHARKHAND) VERSUS THE STATE OF BIHAR ********* 4 02/02/2010 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. The petitioner challenges the order dated 14.11.2008 on the ground that there is no material against the petitioner and he was only a driver of the truck. It was not his responsibility to check or to see the items which are being carried on the truck being an employee and having no locus in the matter. It is further submitted that the name of the petitioner has been inserted in the First Information Report and infact there is no allegation either in the First Information Report that the petitioner was responsible for carrying forbidden items on the truck or is there any material in the case diary to support the allegation. These facts can be considered by the Court below at the stage of discharge. For the present, it is not proper for the Court to interfere with the impugned order. This application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J.)