IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS NO.48385 OF 2008 BIRENDRA PRASAD SINGH, SON OF LATE RAM SHRINGAR SINGH, RESIDENT OF MAULAPUR, POLICE STATION TRAYAN, DISTRICT SARAN AT PRESENT RESIDING AT DEVRAHA BABA COLONY, SADHNAPURI, POLICE STATION CHAPRA TOWN, DISTRICT SARAN AT CHAPRA VERSUS 1. THE STATE OF BIHAR 2. SUMAN KUMAR MISHRA, SON OF SHRI LAL BAHADUR MISHRA, RESIDENT OF VILLAGE MALA, POLICE STATION CHAPRA (M), DISTRICT SARAN AT CHAPRA ******** 2 05/08/2011 This application has been filed challenging the order dated 04.12.2007 passed in Chapra (T) Police Station Case No. 128 of 1996 (Trial No. 3180 of 2007) by which the Sub Divisional Judicial Magistrate, Saran at Chapra has dismissed the discharge application filed on behalf of the petitioner. On perusal of the impugned order, it appears that charges were to be framed on 17.01.2008, and as such, this Court presumes that the charge have been framed by now. In any event, it appears that the Court below has referred to the fact that after investigation by the Central Bureau of Investigation, the case was found to be prima facie true against the petitioner under various sections of the Indian Penal Code. Considering the facts that the Court below has found sufficient materials in the case diary against 2 the petitioner to proceed with the case, I see no reason to differ with the order impugned. This application is accordingly dismissed. Anand (Sheema Ali Khan, J.)