IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6332 of 2009 BITENDRA MANDAL @ BIRENDRA KUMAR SINGH S/O LATE RAM SINGH Versus STATE OF BIHAR ----------- 2. 18.08.2010 The petitioner seeks quashing of the order dated 19.1.2009 passed in Sanhoula P.S. Case No. 127 of 2004 by which the Additional Sessions Judge-cum-Special Judge, Bhagalpur has refused to discharge the petitioner in which cognizance was taken under Sections 408, 418, 420, 504 I.P.C. and Sections 3 and 4 of the S.C. and S.T. Act. The learned counsel for the petitioner submits that in the entire complaint, the only material against the petitioner is that he is a Panchayat Sewak and was present when the transaction of money was taking place. He also points out that in fact the Mukhiya who was also an accused in the case, returned the entire money to the complainant as per the direction of the High Court in an anticipatory bail application and therefore, 2 the prosecution against the petitioner is nothing but abuse of the process of the court Considering the same the application is allowed and the order dated 19.1.2009 passed in Sanhoula P.S. Case No. 127 of 2004 pending before Addl. Sessions Judge-cum- Special Judge, Bhagalpur is hereby quashed. Fahad. ( Anjana Prakash, J. )