IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37582 of 2008 Sri Akhilesh Kumar @ Fulan Pandey, son of Late Ram Chandra Pandey, Mohalla Company Sarai, PS Sasaram Town, Dist. Rohtas – Petitioner. Versus State Of Bihar ----------- 3 26.7.2011 HeardMr. Rakesh Kumar, counsel for the petitioner and the A.P.P. representing the State. The petitioner is aggrieved by order, dated 16.8.2008 passed in Sasaram Town Ps Case No. 314/2004 by the 1st Additional Sessions Judge, Rohtas refusing to discharge the petitioner for the offences under the N.D.P.S. Act. The main argument on behalf of the petitioner is that the heroine was not recovered from his conscious possession. It has been submitted on his behalf that his name transpired in the confessional statement of the co-accused. It appears from the order that several of the witnesses have supported the fact that this petitioner was also involved in the smuggling of heroine, gold etc. On perusal of the order, this court finds that there is no illegality in the reasons and the court has considered all aspect of the matter. The question whether the petitioner was involved in the occurrence can only be established by leading evidence during the trial. This application is accordingly dismissed. haque ( Sheema Ali Khan, J.)