IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26493 of 2009 Naresh Prasad, son of Permanand Prasad, village Islampur, PS Kotwali, Dist. Gorakhpur, U.P., at present Mohalla Nai Sarai, PS Bihar Sharif, Dist. Nalanda – Petitioner. Vs. SThe State of Bihar. 2 10.8.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. In this application the petitioner has challenged the order, dated 7.7.2009 passed by the Addl. Dist. Judge, FTC I, Nawada in Hisua PS Case No. 53/2008, giving rise to S.T. No. 2/2009/4/2009 by which charge has been framed against him under section 302 of the Penal Code. Learned counsel for the petitioner submits that the driver of the truck by accident hit a police constable standing on the road. The informant who is also a police constable deliberately has filed this F.I.R. making out an allegation that the petitioner had threatened the police officer before hitting him by the truck in question. It is submitted that the allegations in the F.I.R. is that there was a deliberate attempt to hit the police constable is malicious allegation and unbelievable in view of the fact that the police constables could not have possibly heard any abuses or alleged statement made by the petitioner truck driver when the truck was speeding down the road. This aspect of the matter with respect to whether the case of the informant is believable or not will necessarily have to be considered during the trial. This application is accordingly dismissed. haque (Sheema Ali Khan, J.)