IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46746 of 2007 Amit Kumar S/o Madan Tanti, resident of Village- Nayagaon East Colony Jamalpur, P.S. Jamalpur East Colony, Jamalpur, District- Munger. ----Petitioner. -Versus- The State of Bihar………………………………….Opposite Party. ----------- 3. 23.01.2009. Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is aggrieved by the order dated 17.08.2007 rejecting his application under Section 239 of the Code of Criminal Procedure for discharge in Jamalpur P. S. Case No. 40 of 2007 corresponding to G.R. No. 519 of 2007, Trial No. 89 of 2007. The only issue to be seen by the court below is the sufficiency of materials fit to be tried and not what outcome may be. The petitioner has been named by co-accused apprehended on the spot from whom there has been recovery. The petitioner is alleged to have fled away. The application is rejected. U.K. (Navin Sinha,J)