IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaeous No.16604 of 2011 Gopal Chaudhary ----Petitioner Versus The State of Bihar ----Opposite Party ---------------------------------- 2. 29.7.2011 Heard learned counsel for the petitioner and the informant. The petitioner challenges the order dated 29th of March, 2011 passed in Sessions Trial No.475 of 2008 by the First Additional Sessions Judge, Bagaha, District West Champaran, whereby his prayer for discharge under section 227 of the Code of Criminal Procedure from the aforesaid trial in connection with the offence under sections 364 A and 302/34 of the Penal Code was declined and the petition filed by the petitioner was rejected. Learned counsel for the petitioner submits that on perusal of the impugned order it would appear that the learned court below while considering the prayer of the petitioner also referred the supervision note of the police officials and as such, the order has been passed without admissible materials on the record. Learned counsel for the informant opposed the prayer. Having considered the submissions and on perusal of the order it appears that the court below has considered the materials available in course of the investigation as referred to in different paragraphs of the case diary which have supported the prosecution case and also the complicity of the petitioner. The law is well settled that at the time of framing of the charge, if the - 2 - material is available on the record which creates strong suspicion and also form basis of the complicity of the accused, the prayer for discharge cannot be allowed. In view of the above, I do not find any error in the order. The criminal miscellaneous application is, accordingly, dismissed. It is made clear that this Court has not expressed any opinion on the merits of the matter. PNM (Shailesh Kumar Sinha, J.)