DEERAJ KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed for quashing the order dated 31.8.2005 passed by the Judicial Magistrate, Ist Class, Samastipur, in G.R No. 66l/94(Tr.No.468/2005) whereby the application filed by the petitioner for discharge has been rejected.

(2.) According to the prosecution, on chase the Police party apprehended three accused persons including the petitioner. On search nothing has been recovered from the petitioner whereas from the possession of the other two accused persons country made pistols, cartridges and Chhura have been recovered. Petitioner filed application for discharge which has been rejected by the impugned order.

(3.) Mr. Suresh Prasad Singh No.1 appearing on behalf of the petitioner submits that the materials collected during the course of investigation did not show the petitioner's complicity in the crime. He points out that nothing has been recovered from the petitioner excepting the clothes which he was wearing. Mr. Lala Kailash Behari Prasad, Additional Public Prosecutor appearing on behalf of the State submits that petitioners complicity in the crime can not be ruled out. He, however concedes that nothing has been recovered from the possess -ion of the petitioner.