IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.55829 of 2007 SHAHBAZ ASGAR HASMI @ SHAHAZ @ SAHABAZ ASGAR, SON OF LATE ABU ZAFFAR IMAM, RESIDENT OF VILLAGE CHAKARHIMA, P.S. PHULBARIA, DISTRICT BEGUSARAI. ---- PETITIONER Versus THE STATE OF BIHAR ---- OPPOSITE PARTY ----------- 2 31.3.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. Learned counsel for the petitioner submits that all the witnesses have stated that except for Rajesh, the deceased has not named any other person. It is further submitted that the name of this petitioner and others have been included by the informant out of malice. Learned counsel also submits that the Investigating Officer has found that the petitioner was not present on the date of occurrence in the village. In my opinion these facts should be considered in a full fledged trial. The Additional Sessions Judge, Fast Track Court No. IV, Begusarai has rightly rejected the plea of discharge as the Court has to see whether there is prima facie case against the petitioners. The application arising out of Sessions Trial No. 718 of 2006 pending in the Court of the Additional Sessions Judge, Fast Track Court No. IV, Begusarai is dismissed. Sanjay (Sheema Ali Khan, J.)