IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32991 of 2008 Newal Sah @ Nawal Sah, son of Late Shobhit Sah, village Marichagarh, PS Sarai, District Vaishali – Petitioner. Vs. 1) The State of Bihar, 2) Pankaj Kumar, S.I. of Jandaha P.S., Vaishali – Opp. Parties. 2 7.7.2011 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner is aggrieved by order, dated 25.2.2008 passed in S.C.No. 491/2006, arising out of Jandaha PS Case No. 41/2006, by the Addl. Sessions Judge, FTC 1st, Vaishali rejecting the discharge application. Counsel for the petitioner submits that there is no material against him and the allegation that he was seen in a meeting attended by other co-accused persons cannot be a ground to presume that he was involved in the said occurrence. These aspects of the matter can be tested in a trial. This application is dismissed. haque ( Sheema Ali Khan, J.)