IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.18544 of 2007 ***** Surendra Prasad Son of Sri Ram Bali Singh, resident of village- Lodipur, Police Station- Khizarsarai, District-Gaya. …. …. Petitioner Versus 1. The State of Bihar. 2. Arun Kumar Singh, S/o Rana Chandradeep Pd. Singh, R/o Village Gonkura, P.S. Chandi, District-Nalanda, presently posted as Block Supply Officer, Guraru, District-Gaya. …. …. Opposite parties ----------- 6. 8.5.2009. An application for discharge under Section 239 of the Code of Criminal Procedure has been rejected vide order dated 1.3.2007 passed in G.R. Case No. 2590/2005 which arose out of Guraru P.S. Case No.62/2005. The prosecution story in short is that a F.I.R. was lodged on the basis of the written statement of the Block Supply Officer, Guraru alleging therein that on 2.11.2005 premises of Deep Service Station, Bahera, Guraru was inspected in presence of the Sub Divisional officer, Tekari. During inspection it was found that diesel oil was being sold without any license, demand for the documents and papers were made from the salesman Awadhesh Kumar Singh, he did not produce the same and stated that the said Deep Service Station belongs to one Surendra Prasad. The allegation was that diesel was being sold without a valid license. Based on the F.I.R. the petitioner along with Awadhesh Kumar Singh became an accused in the case. When the petitioner learnt about the same he filed a petition for discharge in the Court below on the ground that there is categorical statement available on record that the said - 2 - Awadhesh Kumar Singh was a holder of license in his own right for running a retail diesel outlet for which on the recommendation of the Block Development Officer a license came to be issued in the year 2004. Thereafter it has been renewed subsequently in the year 2005. not only this the said Awadhesh Kumar Singh also moved an application for bail before the Court of Chief Judicial Magistrate, Gaya where in the order dated 19.12.2005 it is categorically recorded that the owner of the Deep Service Station was the said petitioner, namely, Awadhesh Kumar Singh and he had a valid license to deal with the retail business of diesel. Bail was allowed to him. Armed with these materials the petitioner filed a petition for discharge but the Court below refused to discharge the petitioner that he is named in the F.I.R. Having heard learned counsel for the petitioner and the learned A.P.P. for the State and having perused the various documents which have been brought on record including the judicial order for bail passed on 19.12.2005, prima facie, it seems that the said Awadhesh Kumar Singh might have named the present petitioner out of pressure or fear of the police, as it seems that there is nothing to link the petitioner with the alleged crime. Further there seems to be a valid license to deal with the business being run by Awadhesh Kumar Singh. Merely because the petitioner was named in the F.I.R. charges cannot be framed against him on face of such evidence. Petitioner has made a case for interference. The impugned order dated 1.3.2007 is quashed. The petition is allowed in so far as it - 3 - relates to the petitioner in Guraru P.S. Case No.62/05. Pawan/- (Ajay Kumar Tripathi, J.)