IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.40040 OF 2009 BHARAT SINGH, SON OF SHRI MANAY SINGH, RESIDENT OF VILLAGE BELTHARWA, POLICE STATION BHAPTIYAHI, DISTRICT SUPAUL. VERSUS 1. THE STATE OF BIHAR 2. ARVIND KUMAR YADAV, SON OF JAGDISH YADAV, RESIDENT OF VILLAGE GARIYA, POLICE STATION BHAPTIYAHI, DISTRICT SUPAUL ………………………………………………………………………..OPPOSITE PARTIES ******** 2 04/02/2010 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. The petitioner has filed this application against the order dated 18.09.2009 passed in Sessions Trial No. 191 of 2008 by which the Additional Sessions Judge, Fast Track Court No. II, Supaul has rejected the application under Section 227 of the Code of Criminal Procedure filed on behalf of the petitioner. The allegation in the First Information Report is that some unknown criminals along with one Molhu Sardar had committed dacoity in the house of the informant. On perusal of the case diary, which has been supplied to the petitioner, it transpires that the informant has stated that there was a previous dispute with the petitioner with respect to chopping of a tree and it is said that on that basis the informant suspects that the petitioner may have got the dacoity committed. Even if the evidence as it transpires in the 2 case diary is accepted for the sake of argument, no offence under Section 395 of the Indian Penal Code is made out against the petitioner. It is not the case of the prosecution that the guilty persons/accused persons have confessed or named the petitioner as the one who had instigated them to commit dacoity. If such were the case, then perhaps something could have been said that a case under Section 120B of the Indian Penal Code could have been made out against the petitioner. On mere assertion and that too on the basis of a previous dispute suspecting that the petitioner had got some miscreants to commit dacoity, cannot be the basis of convicting the petitioner. As such, I quash the impugned order. This application is allowed. Anand ( Sheema Ali Khan, J.)