IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31153 of 2010 AJAY KUMAR CHAKRABARTY SON OF LATE MOHINI MOHAN CHAKARBARTY, RESIDENT OF VILLAGE DUMRAMA, P.S. AMARPUR, DISTRICT BANKA …… PETITIONER Versus STATE OF BIHAR ----------- For the Petitioner : Mr. Pankaj Kumar Sinha, Advocate Mr. Sanjeev Kumar No.1, Advocate For the State : Mr. Jharkhandi Upadhyaya, A.P.P. ---------- 3. 1.3.2011 The petitioner is aggrieved with the order dated 9.7.2010 passed by the S.D.J.M., Kishanganj in Kishanganj P.S. case No.165 of 2008, by which he has refused to discharge the petitioner. It has been submitted that the petitioner is not named in the first information report and during investigation all that transpired against the petitioner was the confessional statement of the co-accused that he had given part of defalcated money to the petitioner, who was the Senior Clerk in Koshi Keshetriya Gramin Bank, Kishanganj. The Counsel for the petitioner relies on a decision reported in 2009 (1) Supreme Court Cases (Criminal) page-51, wherein the Supreme Court had held that suspicion should not be a ground for putting an accused on trial. On the other hand, the learned Counsel for the State on going through the case diary has submitted that there are very many materials against the petitioner which was considered by the trial court for which - 2 - reason the petitioner was refused to be discharged. Considering the rival submissions, in my opinion, since there is strong suspicion against the petitioner warranting putting the petitioner on trial, I am not inclined to interfere in the matter. The application is dismissed. Narendra/ ( Anjana Prakash, J. )