Sanjay Kumar Sahani @ Sanjay Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43148 of 2012 ====================================================== Sanjay Kumar Sahani @ Sanjay Sahni S/O Jatan Sahni, resident of VillageBharra Kolayanpur, P.S.- Karja, Dist.- Muzaffarpur .... .... Petitioner/s

Versus

The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar Pandey, Advocate For the Opposite Party/s : Mr. J.Upadhayay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER -------------- 23-04-2015 Heard the parties.

By the impugned order dated 03.09.2012 passed in Tr.No. 3381 of 2012 arising out of Karja P.S.Case No. 62 of 2011 by learned Judicial Magistrate, Ist Class, Muzaffarpur, the prayer for discharge made on behalf of the petitioner in terms of Section 239 of the Code of Criminal Procedure has been rejected. In the first information report vide Annexure-1 registered for offences under Sections 414 and 379 of the Indian Penal Code, the petitioner was made as sole accused. In the first information report itself, it has been mentioned that the one stolen solar light plate was seized from the house of the petitioner. On close of investigation, the police submitted chargesheet and the petitioner was sent up for trial. In view of the aforesaid materials, the learned Magistrate has rejected the prayer for discharge made on behalf of the petitioner by a reasoned and speaking order.

This Court does not find any good ground to interfere with the impugned order. The application is completely misconceived and is, accordingly, dismissed.

(Birendra Prasad Verma, J) Tahir/- U T