IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43693 of 2009 1. CHANDRASHEKHAR SHARMA S/O KASHINATH SHARMA R/O VILL JAGAPAKAR, P.S.HARSIDHI, DISTT- EAST CHAMPARAN Versus 1. THE STATE OF BIHAR ----------- 2 22.12.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner has challenged the order dated 13.11.2009 passed by the 8th Additional Sessions Judge, East Champaran, Motihari in Session Trial No. 403 of 2006 arising out of Kotwa P.S. Case No. 72 of 2005 by which the Court has refused to discharge the petitioner. Learned counsel for the petitioner submits that there is insufficient material to convict the petitioner for the offences alleged. It is submitted that the petitioner was seen with the deceased on the date of occurrence at about 8:30 a.m. Apart from that none of the witnesses have supported the petitioner’s involvement. Counsel for the petitioner finally submits that during investigation the only material that has come against him is that Om Prakash Tiwary has stated that petitioner was involved in the said occurrence. Counsel for the petitioner submits that the petitioner and the deceased are both teachers in the same school and there is insufficient material to frame charges against the petitioner. All these aspects are in a manner of defence and the Court below would go into the depth of the matter if raised during the trial. 2 In the circumstances, I am not inclined to interfere with the order refusing to discharge the petitioner. This application is dismissed. Sanjay (Sheema Ali Khan, J.)