IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.2467 OF 2008 GAYA PRASAD GUPTA, SON OF LATE RAM SAHAY SAH, RESIDENT OF VILLAGE SINGHIS, POLICE STATION KALYANPUR, DISTRICT SAMASTIPUR VERSUS 1. THE STATE OF BIHAR 2. DIVYA PRABHAT, SON OF R. N. MISHRA, BUSINESS DEVELOPMENT MANAGER, ROAD TRANSPORT CORPORATION, BRANCH OFFICE AGAM KUAN, PATNA ………………………………………………………………………..OPPOSITE PARTIES ********** 5 30/03/2010 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. The petitioner has filed this application challenging the order dated 13.08.2007 by which the Court below has refused to discharge the petitioner in Complaint Case No. 524 (C) of 2003. The petitioner has filed the application for discharge on the ground that the complainant and the witnesses had not appeared at the pre-charge stage to adduce evidence and as such there is no material for the Court to proceed in the matter. On perusal of order, I find that the Court has taken into account the order passed in the bail application. Whatever observations and orders are passed in the bail application by this Court or even by the Sessions Judge or by the Trial Court are not to be considered as grounds for either holding the petitioner guilty or acquitting the petitioner for the offences for 2 which he has been charged. Much less the Court can frame charges on the basis of the aforesaid observation. It would be completely proper to consider the evidence before him and frame charges but the Court should at least apply its mind to the materials on record while framing charges. Accordingly, I quash the order dated 13.08.2007 passed by the Judicial Magistrate, Patna in Complaint Case No. 524 C of 2003 and remand the matter back to consider the materials on record and pass appropriate orders in accordance with law within a period of two months on receipt/production of a copy of this order. I am sure that the Court is well aware of the procedure when no witness is appearing to support the case. In the result, this application is allowed with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J.)