IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29843 of 2009 Nisatur Rahman, S/O-Saidur Rahman, resident of village-Sheikh Bahuwara, P.S.-Kochas, District-Rohtas ……….Petitioner Versus 1. The State of Bihar 2. Sajid Akhtar @ Raju, S/O-Late Muzaffar Husain @ Kallu Seikh, resident of village-Seikh Bahuwara, P.S.-Kochas, District-Rohtas ………..Opposite Parties. ---------------------------------- 02 11.11.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State on the point of admission and in my view, this petition can be disposed of on admission stage itself. This petition has been filed under Section 482 of the Cr.P.C. for quashing the charge framed against the petitioner in Sessions Trial No. 125 of 2009/39 arising out of Mohania P.S. Case No. 333 of 2007 on 05.06.2009 as well as the entire criminal proceeding against the petitioner. Learned counsel for the petitioner submits that although, petitioner is named in the first information report but it is only stated that he was seen standing at bus-stand when deceased came there to catch a vehicle and subsequently, when deceased was going by a vehicle, his murder took place. So, even if, the aforesaid materials assumed to be true, then also, no case is made out against the petitioner. On the other hand, learned Additional Public Prosecutor supported the framing of charge as well as criminal prosecution of the petitioner submitting that petitioner is named in the first information - 2 - report with specific allegation that he was found standing near bus- stand when deceased came there and after that when deceased boarded into a vehicle, the other accused followed him and after that deceased was killed. It is well settled principle of law that charge can even be framed on mere suspicion and so far as present case is concerned, the contents of first information report prima facie disclose this fact that petitioner had conspired along with the other accused to eliminate the deceased and, therefore, I am of the opinion that it is not a fit case in which this Court should exercise the power vested under Section 482 of the Cr.P.C. Accordingly, this petition is, hereby, dismissed on admission stage itself. Let this order be communicated to the court of Additional Sessions Judge, Fast Track Court-III, Kaimur at Bhabhua in Sessions Trial No. 125 of 2009/39 arising out of Mohania P.S. Case No. 333 of 2007. SHAHZAD (Hemant Kumar Srivastava, J )