IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.2946 of 2010 NILABH SHAKTI @ MANTU SHARMA, SON OF SRI ARVIND KUMAR SHARMA @ RAKESH SINGH, R/O VILLAGE – PATAHI, P.S. PATAHI, DISTT. – EAST CHAMPARAN AT MOTIHARI ……………. PETITIOENR Versus THE STATE OF BIHAR ………………. OPPOSITE PARTY. ----------- 2. 29.01.2010. In this application preferred under Section 482 of the Code of Criminal Procedure the petitioner has challenged the order dated 18.12.2009 passed by the learned Judicial Magistrate 1st Class, Patna in Trial No. 333 of 2009, G.R. No. 2953 of 2009 whereby he has declined to discharge the petitioner. It is submitted by the learned counsel for the petitioner that the only allegation against him is that at his instance accused persons committed the crime. Be it noted, charge has been framed with the aid of Section 34 of the Indian Penal Code. In view of the aforesaid, I am of the considered opinion prayer for quashing of the charge cannot be entertained. Needless to emphasise, all grounds which 2 have been urged in this application can be pressed into service at the time of trial. With the aforesaid observation, the application stands rejected. Dilip ( Dipak Misra, C.J. )