IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.20564 of 1998 SHASHI BHUSHAN TIWARY @ SHASHI BHUSHAN S/o Shri Adya Tiwary, resident of Ward No. 13 PS and Dist. Gopalganj ..........Petitioner Versus THE STATE OF BIHAR .............Opposite Party ----------- 8 11-03-2010 Heard learned counsel for the petitioner and learned counsel for the State. Today another quashing application bearing Cr. Misc. No. 16338 of 1998 has been allowed and the accused Prema Singh has been ordered to be discharged from the criminal proceedings in question on a finding that no loss was caused to the Postal Department and hence no offence of cheating under sections 419 and 420 of the IPC can be attracted in the facts of the case. The allegation against the petitioner is that as an agent he was present when the NSCs in question were encashed by accused Prema Singh purchased in the name of her daughter. Since the facts are identical and principles involved are same, following the order passed in the Cr. Misc. no. 16338/98 this application is also allowed and the impugned order refusing discharge is set aside. As a result the petitioner shall stand discharged from the criminal proceedings relating to Trial No. 119/98 pending before the Judicial Magistrate, Gopalganj arising out of Gopalganj PS case No. 201/1993 (G.R. No. 1034/93). BKS/- (Shiva Kirti Singh, J.)