IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36177 of 2008 Bhutto Mian, Son of late Sahadat Mian, Resident of Mohalla Khankah, PS Kasim Bazar, District Munger ---- Petitioner Versus State Of Bihar ----- Opposite Party ----------- 2 14.7.2011 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner is aggrieved by the order dated 6.8.2008, passed by Additional Sessions Judge, Fast Track Court No. IV, Munger in Sessions Trial No. 341 of 2008 by which the discharge petition filed on behalf of the petitioner has been rejected. The case of the petitioner is that in the First Information Report one Bhutto Mian has been mentioned as an accused. The parentage of the said Bhutto Mian has not been disclosed in the First Information Report. Subsequently the petitioner has been made accused on the basis of the fact that his name is also Bhutton Mian. The court has referred to certain paragraphs of the case diary to support the allegations aforesaid. The fact as to whether the petitioner is Bhutto Mian owner of the truck or Bhutto Mian driver of the truck can only be proved during the trial of the case. At this stage, the Court has rightly rejected the discharge application as there appears to be prima facie evidence against the petitioner. This application is dismissed. Sanjay ( Sheema Ali Khan, J.)