IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.41198 OF 2008 SANTOSH KUMAR, SON OF RAM LAKHAN PRASAD, RESIDENT OF MOHALLA BHELWAN, POLICE STATION PHULWARISHARIF, DISTRICT PATNA VERSUS THE STATE OF BIHAR ******** 2 28/07/2011 This application has been filed against the order dated 30.08.2008 passed in Kankarbagh Police Station Case No. 33 of 2007 (Sessions Trial No. 370 of 2008) by which the Additional Sessions Judge IX, Patna has rejected the application filed on behalf of the petitioner to discharge him for the offences alleged to have been committed under Sections 399, 402 & 414 of the Indian Penal Code and Section 25 (1-B) A, 26 and 35 of the Arms Act. The Court below has rightly observed that the defence raised on behalf of the petitioner cannot be taken into account for the purposes of discharging him from the alleged offences. I see no merit in this application, and as such, this application is dismissed. Anand (Sheema Ali Khan, J.)