IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40065 of 2009 SHASHI BHUSHAN PANDEY @ ANIL PANDEY, son of Ram Prasad Pandey, village Basant Jagjiwan, PS Purnahiya, District Sheohar – petitioner. Versus STATE OF BIHAR ----------- 2 3.2.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. This application has been filed against the order, dated 13.2.2008 passed by the Ist Additional Sessions Judge, Sitamarhi in S.T. No. 632/2005 by which the petitioner has been asked to face trial under section 319 of the Cr.P.C. Learned counsel for the petitioner submits that charge sheet was not submitted against the petitioner. The only evidence that has come during trial is that PWs 1 and 2 have deposed that the petitioner was seen with the deceased in the night prior to the recovery of the deceased. Learned counsel submits that apart from the aforesaid evidence, there is no other material against the petitioner. It is submitted that the material, even if it is accepted, is not sufficient to procure the conviction of the petitioner. At this stage this court cannot go into this aspect of the matter considering the fact that PW 1 claims to have deposed that the petitioner was also with the deceased before the occurrence. The petitioner would naturally have the opportunity to raise all these points at the time of hearing of the case. This application is dismissed. haque (Sheema Ali Khan, J.)