IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellanious No.34919 of 2008 ====================================================== Sunil Kumar Mahto Son of Shivjee Mahto, Resident of village- Bhagwanpur, Pakri, P.S. Lalganj, District- Vaishali. .... .... Petitioner. Versus The State Of Bihar .... .... Opposite Party. 2 12-07-2011 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is aggrieved by the order rejecting the discharge application dated 18.07.2008. The argument on behalf of the petitioner is that he is not named in the First Information Report and the evidence that has come against the petitioner is that he had sold the Sim Cards which was recovered from one of the kidnappers. The petitioner is said to have filed a complaint case against some persons as well. On consideration of the material in the case diary, the Court has come to the conclusion that there is prima facie evidence against the petitioner, inasmuch, as a prima facie case was made out that a demand for ransom was made from his premises. On the other hand, counsel for the petitioner points out that the material against the petitioner cannot form the basis of presuming that he was involved in the said occurrence. All these aspect of the matter, are to be considered in a full fledged trial. At present there are not sufficient grounds for discharging the petitioner in this case. This application is dismissed. Md. Ibrarul/- ( Sheema Ali Khan, J)