IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2190 of 2009 DR.FAIZ AHMAD Versus STATE OF BIHAR ----------- 2. 9.4.2010 Heard Shri Ashutosh Kumar, learned counsel appearing for the petitioner and also Shri B. Lal, learned A.P.P. for the State. The order refusing to discharge the accused persons is being challenged herein. I have considered that order which is well reasoned and appears passed after discussing the relevant materials. The petition is dismissed. However, I came across an order passed by the Chief Judicial Magistrate, Samastipur dated 13.3.2007 when he was directing separation of the record so as to awaiting submission of the supplementary charge sheet against some accused persons, namely, Zafir Ahmad alias Heera, Zubair Ahmad and Z.A.Ansari against whom the investigation was kept pending. The Chief Judicial Magistrate, Samastipur is directed to peruse the case diary which was placed while submitting the charge sheet against the petitioner Dr. Faiz Ahmad and satisfy himself about the sufficiency of the materials and pass an order of summoning against those accused persons in the light of decision of the Supreme Court in State of Maharashtra V. Sharadchandra Vinayak Dongre & Ors. reported in 1995 S.C.C.(cri) 16. Kanth ( Dharnidhar Jha, J.)