IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6488 of 2007 RAJESH KUMAR SINGH Versus STATE OF BIHAR ----------- 5 28-08-2008 Heard Mr. Satish Kumar Sinha,the learned counsel for the petitioner as also Mr.Jharkhandi Upadhaya, the learned A.P.P. for the State. The petitioner through this application prays for the quashing of the order dated 26.12.2006 passed in Sessions Trial No.146 of 2006 arising out of Mahua P.S Case No.78 of 2005, whereby the learned Presiding Judge, F.T.C.No.I, Vaishali at Hajipur has rejected the prayer of the petitioner for his discharge on finding that a prima face case under Sections 233, 234, 414 I.P.C.is made out. It appears that on a raid being conducted in the utensil manufacturing factory of petitioner, Rajesh Kumar Singh, 2425 one rupee coins were recovered from a water tank and on further search being made no other suspicious material was found. The informant, A.S.I. Surendra Prasad Singh expressed his suspicion that one rupee coins have been brought outside for the purpose of being used in the manufacturing of utensils after destroying the same. It has been submitted by the learned counsel for the petitioner that although the learned Presiding Judge by referring to paragraph nos.1,2,6 and 9 to 13 of the case diary has found a prima facie case under Sections 233, 234 and 414 I.P.C. to have been made out and, therefore, he has rejected the prayer for discharge ,no offence - 2 - under any of these Sections have in fact been made out. Having perused the paragraphs referred to in the case diary, there is no material therein to indicate that any of the ingredients of offence under either Section 233 or 234 I.P.C. has been made out. Similarly, there is nothing on record to show that the said coins were stolen property. Apparently, none of the offences as made out by the learned Presiding Judge, F.T.C. appears to have been made out against the petitioner. Accordingly, the impugned order rejecting the prayer for the petitioner for his discharge is hereby quashed and the application is allowed. ( Abhijit Sinha, J) NKS/-