IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.39853 OF 2009 BANGALI SINGH YADAV @ BANGALI SINGH VERSUS STATE OF BIHAR ********** 2 22/01/2010 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. The petitioner has challenged the order dated 18.08.2009 passed by the Sessions Judge, Patna in Criminal Revision No. 323 of 2008 by which the Sessions Judge has dismissed the revision application upholding the order dated 12.05.2008 passed in Didarganj Police Station Case No. 37 of 2006 by Shri Rajeev Kumar, Judicial Magistrate, 1st Class, Patna City by which the Court below has rejected the application for discharge filed on behalf of the petitioner on several grounds. The main point argued on behalf of the petitioner is that one of the seizure list witnesses who was examined in the case of one of the co-accused and has stated that he was on duty in the Gandhi Maidan on the date of occurrence and as such he was not a witness to the seizure. However, the Court below has referred to other members of the raiding party and found that there are sufficient materials against the petitioner with respect to seizure of the weapon. 2 In any event, these aspects of the matter can only be adjudicated in a full-fledge trial. I find no illegality in the order impugned. This application is accordingly dismissed. Anand ( Sheema Ali Khan, J.)