IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18320 of 2002 SHIVA KUMAR SAHNI Versus STATE OF BIHAR ----------- 3. 19.8.2010. None appears on repeated calls. I have perused the impugned order which is dated 5.6.2002 refusing the discharge of the accused persons from the Trial no.73 of 2002 pending before the Special Judge (Atrocities Cases), Darbhanga. On perusal of the order and the discussion of the material, the court finds that it could not be said that there was no material for framing of charges against the accused persons. In fact the court was rather surprised to note that in spite of there being a record made in the case diary by the Dy.S.P. who has investigated the case that the witnesses have supported their statements which they had made earlier, the court below was making an unnecessary comment on it that the case had not been properly investigated. That comment ought to have been avoided to be placed on record in the face of the record of the statement by Dy.S.P. In the light of the materials available - 2 - in the case diary, the petition appears to be of no merit and the same is dismissed. The stay granted earlier is vacated. B.Kr. ( Dharnidhar Jha, J. )