would be considered after recording of the evidence.
If the learned trial court has already made such an observation,
it was not proper for it to subsequently say that the application
for alteration of charge has been filed at a belated stage.
Moreover, non-consideration of the facts and its appraisal for
Patna High Court CR. REV. No.185 of 2022 dt.19-08-2025
considering the application under Section 216 of the Code of
Criminal Procedure makes the order unsustainable and liable to
interference by this Court.
8. Accordingly, finding that the order dated
04.12.2021 passed by the learned trial court suffers from
illegality, the same is set aside and the learned trial court is
directed to pass an order afresh on the application dated
16.08.2019 filed by the prosecution.