IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2654 of 2008 LAXMAN PRASAD SINGH, S/o late Ram Basawan Singh, R/o village Kumhara Bishanpur, P.S. Dumra, District – Sitamarhi ……….. Petitioner Versus 1. STATE OF BIHAR 2. Sri Ram Naresh Shukla, S/o Late Ram Baldeo Shukla, R/o Jalalpur, P.S. Lalganj, District – Vaishali …. Opp. Parties. ----------- 3 14.1.2009 Heard Sri Ganesh Prasad Singh, learned Senior Counsel for the petitioner and Mr. Jharkhandi Upadhaya, learned A.P.P. for the State. Through this application the petitioner has prayed for the quashing of the order dated 18.12.2007 passed by Dr. Kumar Deo Dutt, learned 3rd Additional Sessions Judge, Muzaffarpur, in Sessions Trial No. 156 of 2004, whereby he has rejected the petition for discharge filed by the petitioner under section 227 Cr.P.C. It has been submitted on behalf of the petitioner that he has been falsely implicated in this case. With reference to paragraphs 118, 123, 151 and 152 of the case diary it was sought to be submitted that the deceased was a habitual alcoholic and that there was no eye witness to the alleged murder nor any concrete evidence had been gathered in respect of the complicity of the petitioner in the crime. From perusal of the impugned order it appears that there exists several litigations, both civil and criminal, between the two sides over land dispute. It further transpires from the impugned order that the petitioner was last seen with deceased and paragraph 127 of the case diary reveals that the petitioner and another were - 2 - looking out for the deceased in the night prior to the alleged murder of the deceased. Even otherwise the impugned order is a well considered order and cogent reasons have been assigned for rejecting the prayer for discharge. I find no fault therewith so as to interfere with the same. In the result I find no merit in this application which is dismissed. Spd/- (Abhijit Sinha, J.)