IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4019 of 2009 AJAY KUMAR SAH @ TAN TAN SAH, S/o Haricharan Sah, R/o Village- Ratanpur (Gola Road Chttipar) P.S.-Town Begusarai, District-Begusarai. Versus THE STATE OF BIHAR ----------- 02. 04.08.2010 The petitioner is aggrieved by the order dated 20.08.2008 passed by F.T.C.-II, Patna in connection with S.Tr. No. 254 of 2008 arising out of Patna Saheb Rail P.S. Case No. 183 of 2007 by which he has refused to discharge the petitioner. The case of the prosecution was that one Ajit Kumar was arrested with some bags of coins and stated that he used to get these coins from one Munshi Jee of Alamganj who had used it for converting the same into utensils. The petitioner is not named in the First Information Report but subsequently his name transpired in the confessional statement of the co-accused. It has been submitted that no offence whatsoever is made out against the petitioner inasmuch as there has been no recovery from his possession and therefore Sections 232 and 120B of the Indian Penal Code and Section 4 of Small Coins Offence Act is not made out against the petitioner. 2 On going through the materials, I am of the opinion that the petitioner has been facing the trial unnecessarily and should be discharged. In view of such, this application is allowed and the entire proceeding including order dated 20.08.2008 passed by F.T.C.-II by which he has refused to discharge the petitioner in connection with S.Tr. No. 254 of 2008 arising out of Patna Saheb Rail P.S. Case No. 183 of 2007 is hereby quashed. Vikash/- (Anjana Prakash, J.)