IN THE HIGH COUR T OF JUDICATURE AT PATNA Cr.Misc. No.8553 of 2011 Arjun Paswan Versus The State Of Bihar ----------- 2 28.09.2011 Heard the learned counsel for petitioner as well as learned A.P.P. for the State. Petitioner has come up before this Court against an order dated 10-2-2011 whereby and whereunder the learned court below had rejected the prayer of the petitioner purported to the under Section 227 and 288 of the Cr.P.c. in connection with Sessions Trial No.155 of 2007. Simple submission on behalf of the petitioner is that during course of investigation, the plea of alibi of the petitioner was not considered and investigated and on account thereof charge sheet was submitted against him. He had also come up before the Hon’ble Court vide Cr.W.J.C. No.709/2006 which was disposed of on 25.5.2007 in the background that C.S. was already submitted. Also submitted that the I.O. of the case had prayed for further investigation under Section 173 clause 8 of the Cr.P.C. which had already been acknowledged by the learned CJM and so submitted that in the aforesaid facts and circumstances of the case either no charge should be framed tagging with other co-accused against the 2 petitioner, or the case of the petitioner should be kept in abeyance till conclusion of further investigation comes after bifurcating the case of the petitioner from rest co- accused. The learned A.P.P. opposed the prayer. It is settled at rest by a catena of decisions that whatever outcome of further investigation be the same will command the future prospect subject to appreciation by cognizance taking court and in the aforesaid event, there was no need for petitioner to be apprehensive, apart from the fact that no such lineament could persist by rule and line forbidding the court to follow the effect. As such, the prayer of petitioner in the aforesaid background is found to be untenable. Consequent thereupon the petition is disposed of in aforesaid terms. PN (Aditya Kumar Trivedi, J.)