IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40061 of 2008 Deepak Kumar, Son of Tilak Sah, Resident of Village Chota Bariyarpur, PS Chhatauni, District East Champaran ---- Petitioner Versus The State Of Bihar ---- Opposite Party For the Petitioner : Mr. Shiv Shankar Sharma, Advocate For the State : Mr. Jharkhandi Upadhyay, A.P.P. ----------- 2 25.7.2011 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. This application has been filed challenging the order dated 6.9.2008 by which the Court has refused to discharge the petitioner for the offences under Section 328 of the Indian Penal Code. Learned counsel for the petitioner submits that he was only the servant of the tea vendor and, therefore, he cannot be held responsible for the offences alleged. This aspect of the matter will be considered during trial. At this stage, since there is a prima facie case against the petitioner, this Court cannot intervene in the order refusing to discharge the petitioner. This application is accordingly, dismissed. Sanjay (Sheema Ali Khan, J.)