IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.33 of 2009 PAWAN KUMAR …petitioner Versus 1. STATE OF BIHAR 2. Sri Kundan Kumar Singh …opposite parties ----------- I. A. No.2180 of 2009 02. 23.08.2010 Present interlocutory application has been filed seeking permission of the Court to bring on record the name of the presiding court. After hearing both sides, prayer is allowed. Petitioner is permitted to make necessary corrections in paragraph 2 of the revision application. Prayer in the revision application is to set aside the order dated 15.12.2008, passed by learned Judicial Magistrate, 1st Class, Barh in G.R.No.1239/07(State vs. Pawan Kumar), whereby the application preferred by the petitioner for discharge under section 239 Cr. P.C. has been considered and rejected. It appears that in course of enquiry of the case instituted under sections 395/397, the petitioner was arrested on the basis of technical survey made by the Investigating Officer in respect of a looted mobile. On his confessional statement the house of the petitioner was searched and a mobile(Nokia 1100) was recovered. Learned counsel for the petitioner submits that the petitioner is the bona fide purchaser. He placed reliance on 2 annexure-3, retail invoice, showing purchase of mobile. Learned trial court has found in the impugned order that there is sufficient material on record justifying trial and has, therefore, rejected the application preferred by the petitioner. Annexure-3 may be a possible defence of the petitioner which cannot be made the basis of the order under section 239 of the Code. There is no merit in this application which is accordingly dismissed. hr ( Kishore K. Mandal )