IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21469 of 2010 VIKASH KUMAR, S/o Uday Shankar Sah, R/o Mohalla-Bhaktin Gali, New Measurement Office, Shastrinagar, Raja Bazar, P.S. Shastri Nagar, District- Patna. Versus THE STATE OF BIHAR ----------- 02. 04.03.2011 The petitioner seeks quashing of the order dated 29.04.2010 passed by the Judicial Magistrate, 1st Class, Patna in Shastri Nagar P.S. Case No. 368 of 2007 by which he has refused to discharge the petitioner. It has been submitted that when the petitioner was traced through the SIM Card of the alleged mobile of the petitioner he disclosed that the said mobile with the SIM was used by his friend and, therefore, no offence of theft is made out against the petitioner. Since, these are factual aspects which can only be adjudicated at the stage of trial, I am not inclined to interfere in the matter. The application is dismissed. Vikash/- (Anjana Prakash, J.)