IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.23080 OF 2007 MD.ANWAR MIAN @ ANWAR MIAN, SON OF HUSSAIN MAIN, RESIDENT OF MOHALLA BANIAPOKHAR, POLICE STATION CIVIL LINES, DISTRICT GAYA VERSUS 1. THE STATE OF BIHAR 2. SURENDRA KUMAR JAIN, SON OF KANHAIYA LAL JAIN, RESIDENT OF SETHI BHAWAN NEW AREA, POLICE STATION TOWN AURANGABAD, DISTRICT AURANGABAD ********* 5 23/06/2009 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. This application has been filed against the order dated 24.04.2007 by which the Court below has refused to discharge the petitioner in a case for the offences under Section 395 of the Indian Penal Code. Learned Counsel for the petitioner submits that this is a case of no evidence as the petitioner has neither been named in the First Information Report nor was identified in the Test Identification Parade. At this stage, this Court can not consider this aspect of the matter. These aspects will be considered during the trial of the case. In the circumstances, I do not find that there is any ground for discharging the petitioner. Accordingly, this application is dismissed. Anand ( Sheema Ali Khan, J. )