IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.9745 OF 2009 NAVEEN KUMAR TULSYAN @ NAVIN TULSYAN @ NABIN TULSIYAN, SON OF VIJAY TULSYAN, RESIDENT OF VISHWANATHGANJ, POLICE STATION AND DISTRICT KHAGARIA, BIHAR VERSUS 1. THE STATE OF BIHAR 2. KAPIL DEO MAHTO @ KAPILDEO MAHTO, SON OF LATE ARHUL MAHTO, RESIDENT OF VILLAGE BHADAS, POLICE STATION MUFASSIL KAGARIA, IN THE DISTRICT OF KHAGARIA, BIHAR …………………………………………………………………..OPPOSITE PARTIES ********* 3 14/05/2010 The petitioner is aggrieved by the order dated 21.02.2009 passed in Sessions Case Nos. 220, 221 & 222 of 2004 by the Additional Sessions Judge, Fast Track Court No. IV, Khagaria. By the impugned order, the Court below has summoned the petitioner as an accused in the case on the basis of the evidence of ten witnesses who have assigned him the role of an order giver and also made allegations that he was responsible for the assault. Counsel for the petitioner submits that the Court below has prima facie come to a finding that the petitioner is guilty. Any such comment of the Court below should be ignored. The fact that whether the petitioner is guilty or not will have to be proved in a full fledge trial. From the discussions in the impugned order, this Court is satisfied that the Court below had sufficient reasons to summon the petitioner to face trial 2 under Section 319 of the Code of Criminal Procedure. This application is accordingly dismissed. Anand ( Sheema Ali Khan, J.)