IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31436 of 2007 SAMEER KUMAR, son of Late Matadin Ram, resident of village- Nai Bazar, Madarsa Lane, P. S. Town, Distt. Muzaffarpur. …. Petitioner Versus STATE OF BIHAR … Opp. party ----------- 5. 04.09.2009. Heard counsel for the petitioner. Merely because the police had submitted final form against the petitioner that could not be a ground for discharging him. If the learned magistrate therefore differing with the police report had taken cognizance, the prayer of discharge the petitioner could arise only if there was no material in the case-diary. Learned magistrate while differing with the police report had definitely indicated application of his mind with regard to availability of such material, in the case diary and only on availability of such materials against the petitioner charge has been framed against him. This Court would therefore not find any error in the impugned order. That being so, this application is wholly misconceived and is accordingly dismissed. kanchan (Mihir Kumar Jha, J.)