IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45443 of 2010 MANOJ KUMAR, SON OF SRI UPENDRA PASWAN, RESIDENT OF VILLAGE NARDARIYA, P.S. BISHANPUR, DISTT. DARBHANGA. ------ PETITIONER. Versus 1. THE STATE OF BIHAR 2. JAY NANDAN PRASAD, CENTRE SUPRINTENDENT RAM KRISHNA DWARIKA COLLEGE, LOHIYA NAGAR, P.S. KANKARBAGH, DISTT. PATNA. ----OPPOSITE PARTIES. ----------- For the petitioner : Mr. R.B. Roy, Raman, Adv. For the State : Miss Poonam Kumari, A.P.P. 2. 01.03.2011 Heard the parties. The petitioner has sought quashing of the order dated 3.11.2010 passed in Kadam Kuan (Kankarbagh) P.S. Case No. 968 of 2005 by which the Judicial Magistrate, 1st Class, Patna, has refused to discharge the petitioner from the liability of the case. The prosecution case is that the petitioner was one of the Examinees of Arithmetic Examination being held for Staff Selection Commission and the allegation was that the answer sheet of the petitioner went missing and, therefore, he was suspected to have committed the offence. It has been submitted that apart from the vague suspicion, there is no cogent material against the petitioner that it was he who had committed the theft as also that there is no ingredient to satisfy the provisions of Section 420 Indian Penal Code. I am inclined to agree with the learned counsel for the petitioner more so in the context of the order impugned 2 wherein even the Judicial Magistrate has noted that no clear picture emerged even during investigation with regard to the allegations leveled against the petitioner. In view of such, the application is allowed and the order dated 3.11.2010 passed by the Judicial Magistrate 1st Class, Patna, in Kadam Kuan (Kankarbagh) P.S. Case No. 968 of 2005 is quashed. Let this order be communicated to the court of Judicial Magistrate, 1st Class, Patna, in connection with Kadam Kuan (Kankarbagh) P.S. Case No. 968 of 2005, through FAX at the cost of the petitioner. S.Ali ( Anjana Prakash, J.)