IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7954 of 2008 ASHOK RAI, SON OF DAROGA RAI, RESIDENT OF VILLAGE JETHULI, P.S. FATUHA, DISTRICT PATNA. ---- PETITIONER Versus 1. THE STATE OF BIHAR 2. MAHADEO MURMU, SUB-INSPECTOR, P.S. FATUHA. ---- OPPOSITE PARTIES ----------- 2 22.1.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner has challenged the order dated 31.1.2008 passed by the Additional Session Judge, IX, Patna in Special Case No. 27(A) of 2005 arising out of Fatuha PS Case No. 104 of 2005 by which the application filed by the petitioner under Section 227 of the Code of Criminal Procedure has been rejected. Counsel for the petitioner submits that the statements made in paragraph nos. 51, 54 and 85 are insufficient to lead to the conclusion that Ramjee Rai and Ashok Rai is one and the same person. While considering whether charges are to be framed or not, the Court has to see that there is prima facie evidence against the petitioner. It is not the duty of the Court at that stage to appraise the evidence and to judge the value or the effect of the evidence given under Section 161 of the Code of Criminal Procedure. I see no illegality in order impugned. This application is dismissed. Sanjay (Sheema Ali Khan, J.)