IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15824 of 2010 SONU KUMAR @ ABHISEK KUMAR S/O BISWANATH RAI, RESIDENT OF MOHALLA DUJRA, P.S. BUDDHA COLONY, DISTRICT PATNA …… PETITIONER Versus STATE OF BIHAR ----------- 2. 3.1.2011 The petitioner has sought quashing of the order dated 19.3.2010 passed in S.T. No.1579 of 2008, by which F.T.C. III, Patna has refused to discharge the petitioner. It has been submitted that the petitioner is not named in the first information report and thereafter when initially one Satyendra Kumar was examined during investigation he also did not name the petitioner, but thereafter statement purportedly to have been given by same Satyendra Kumar was recorded in which he is said to have named the petitioner. The further submission is that the said Satyendra Kumar filed a petition before the court below stating therein that he had not given his restatement and had not named the petitioner. Since it is a factual aspect of the case, which cannot be thrashed out at the stage of 482 Cr.P.C., I am not inclined to interfere in the matter. The application is dismissed. However, the trial court will make an effort to examine Satyendra Kumar as a first witness so that the petitioner is not further harassed during trial. Narendra/ ( Anjana Prakash, J. )