IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18371 of 2008 ANAND MALLICK SON OF LATE TRILOK NATH MALLICK, RESIDENT OF SUPAUL, WARD NO. 10 POLICE STATION SUPAUL, DISTRICT SUPAUL AT PRESENT RESIDING AT ROAD S.R.D.- 14/C SHIPRA RIVERA INDRAPURAM, CHARIBAD UTTARPRADESH – 201010. Versus 1. THE STATE OF BIHAR 2. GOVIND CHAUDHARY SON OF HARIHAR CHAUDHARY, RESIENET OF SUPAUL, WARD NO. 18 THANA ROAD, POLICE STATION SUPAUL, DISTRICT SUPAUL ----------- 03. 19.04.2011 Heard the parties. Petitioner challenges the order dated 23rd of April 2008, whereby petition filed by the petitioner for his discharge in terms of Section 245(1) of the Code of Criminal Procedure was rejected. It is submitted that while rejecting the application for discharge, the court did not consider the relevant materials available on record, and as such, the order deserves to be set aside. Learned counsel for the State as also the Opposite Party no. 2, on the other hand, submits that on perusal of the order, it would appear that the materials available on the record including the deposition of the witnesses were considered, and as such, the prayer of the petitioner for discharge was rejected. Considering the submission of the parties and on perusal of the order, I find that while rejecting the application filed by the petitioner, the court below considered the materials available on the record as also the deposition of witnesses on the record, as such rejected the petition. In view of the above, I do not find any merit in this application and the same is accordingly dismissed. Jagdish/- ( Shailesh Kumar Sinha,J.)