IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9187 of 2008 ACHELAL TATWA, SON OF LATE GOBARI TATWA, RESIDENT OF VILLAGE NARAIPUR, P.S. BAGAHA, DISTRICT WEST CHAMPARAN. ---- PETITIONER Versus STATE OF BIHAR ------ OPPOSITE PARTY ----------- 2 16.3.2010 This application has been filed challenging the order dated 30.1.2008, passed by the Additional Sessions Judge, Bagaha, West Champaran in Sessions Trial No. 436 of 2006 by which the application under Section 227 of the Code of Criminal Procedure has been dismissed. Learned counsel for the petitioner submits that the petitioner has been made accused only on suspicion. The only material that has come against him is that on the previous night before the dead body was found, the petitioner was seen with the deceased. It is submitted that no case is made out even if it is presumed that it is a case of circumstantial evidence as there is no material to connect the fact that the petitioner would be responsible for murdering the deceased as no motive has been disclosed by the prosecution. The court below has rightly held that these questions can only be examined in the court in course of the trial and the court cannot discharge the petitioner since there is strong suspicion against him. At this stage counsel for the petitioner is permitted to withdraw this quashing application with liberty to raise all these questions at the time of the trial. This application is dismissed as withdrawn. Sanjay (Sheema Ali Khan, J.)