IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31257 of 2009 RAM DAHIN PRASAD BIKLANG @ NIRALA @ LANGRA NETA, SON OF LATE RAM BRIKSH RAI, RESIDENT OF MURADPUR, SAIDPUR, P.S. BAKHTIYARPUR, DISTRICT PATNA. --- PETITIONER Versus 1. THE STATE OF BIHAR 2. RAM PRAVESH RAI, SON OF LATE RAM SWARUP RAI, RESIDENT OF L.I.G. 17/595, KANKARBAGH, P.S. PATRAKAR NAGAR, DISTRICT PATNA --- OPPOSITE PARTIES ----------- 2 22.12.2009 This application has been filed against the order dated 12.8.2009 passed by the learned Fast Track Court No. Vth , Patna in Sessions Trial No. 369/2008 arising out of Kadamkuan P.S. Case No. 1047/2006 by which the Court has refused to discharge the petitioner for the offences under Sections 363, 365, 364(A), 302, 201 and 120B of the Indian Penal Code. The ground taken on behalf of the petitioner is that his name has only transpired in the confessional statement and as such the trial cannot proceed on the basis of the aforesaid fact. The order dated 12.8.2009 is a different order and I find that there is no illegality in the order as the Court has found that prima facie a case has made out against the petitioner. The Court has referred to the material found in the case diary and as such I see no reason to differ with the findings of the Court as the counsel for the petitioner had not been able to point out that there is any error of record with respect to the facts as enumerated in the order of the Court below. This application is thus dismissed. Sanjay ( Sheema Ali Khan, j.)