IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.39777 OF 2009 BHUPENDRA NARAYAN SINHA, SON OF LATE RAM CHANDRA PRASAD @ RAM CHANDRA PRASAD SINHA, RESIDENT OF VILLAGE NAYAGAON, POST OFFICE JAMALPUR, POLICE STATION EAST COLONY, DISTRICT MUNGER. PRESENTLY RESIDING AT MOHALLA NAKKI NAGAR, KAYASTHA TOLA, POLICE STATION JAMALPUR, DISTRICT MUNGER VERSUS 1. THE STATE OF BIHAR 2. SAHDEO DAS, SON OF LATE DILO DAS, RESIDENT OF MUNGRAURA, POLICE STATION EAST COLONY, JAMALPUR, DISTRICT MUNGER ……………………………………………………………………….OPPOSITE PARTIES ********* 2 22/01/2010 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. The petitioner has filed this application challenging the order dated 09.09.2009 by which the Court below has rejected the application filed by the petitioner under Section 245 of the Code of Criminal Procedure. Learned Counsel for the petitioner submits that there are series of litigations pending between the petitioner and the informant of this case and as such it appears that the case has been maliciously filed. Learned Counsel also submits that the informant has absented himself for four years and has given the details regarding the illegal manner in which the order sheets have been recorded which is at paragraph no. 5 of this petition. Prima facie, it would appear to the Court that 2 if the allegations are correct, there appears to be some irregularity in recording the orders by the Court Master which ought to have been considered by the Presiding Officer of the Court. Nevertheless, the aforesaid fact does not make out a ground for discharge of the petitioner. The order impugned does not suffer from any irregularity or illegality. Accordingly, this application is dismissed. Anand ( Sheema Ali Khan, J.)