Patna High Court - Orders
Akshay Kumar Singh vs The State Of Bihar on 7 August, 2023
Author: Sandeep Kumar
Bench: Sandeep Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13816 of 2023
Arising Out of PS. Case No.-738 Year-2022 Thana- BIKRAMGANJ District- Rohtas
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1. Akshay Kumar Singh Son Of Late Radha Singh R/O Vill.- Dhawa, P.S.-
Bikramganj, Distt.- Rohtas At Sasaram
2. Gauri Shankar Singh @ Gauri Shankar Son Of Late Suryadeo Singh R/O
Vill.- Dhawa, P.S.- Bikramganj, Distt.- Rohtas At Sasaram
3. Uday Shankar Singh @ Uday Shankar Son Of Late Suryadeo Singh R/O
Vill.- Dhawa, P.S.- Bikramganj, Distt.- Rohtas At Sasaram
4. Arun Kumar Singh @ Arun Singh Son Of Late Suryadeo Singh R/O Vill.-
Dhawa, P.S.- Bikramganj, Distt.- Rohtas At Sasaram
5. Nand Kishor Singh @ Nand Kishor Son Of Late Basudeo Singh R/O Vill.-
Dhawa, P.S.- Bikramganj, Distt.- Rohtas At Sasaram
6. Yugal Kishore Singh @ Yugal Kishore Son Of Late Basudeo Singh R/O
Vill.- Dhawa, P.S.- Bikramganj, Distt.- Rohtas At Sasaram
7. Dhananjay Singh Son Of Ramji Singh R/O Vill.- Dhawa, P.S.- Bikramganj,
Distt.- Rohtas At Sasaram
8. Mritunjay Singh Son Of Ramji Singh R/O Vill.- Dhawa, P.S.- Bikramganj,
Distt.- Rohtas At Sasaram.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Ravi Krishna @ Rajan Kumar Son Of Yugal Kishore Singh @ Yugal
Kishore R/O Vill.- Dhava, P.S.- Bikramganj, Distt.- Rohtas At Sasaram.
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Rajiva Ranjan
For the Opposite Party/s : Mr. Uday Pratap Singh
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CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 07-08-2023Heard learned counsel for the petitioners and learned Patna High Court CR. MISC. No.13816 of 2023(2) dt.07-08-2023 2/3 counsel for the State.
2. This application has been filed for quashing of the F.I.R. so far petitioners are concerned vide Bikramganj P.S. Case No. 738 of 2022 registered under Sections 342, 323, 307, 504/34 of the Indian Penal Code.
3. As per prosecution case, informant in his written statement before the police stated that on 27.12.2022 he along with the Amin were measuring the Khata NO. 58, Khesra No. 23 area 1.78 acres land in the meantime the petitioners are said to have came and protested and fled away. At about 4:00 P.M. when he was returning to his house then near D.P.S. school all accused persons surrounded and started abusing and co-accused Sanjeev Kumar is said to have assaulted with chura in his stomach but he caught the chura and grievous injury in his hand was caused, thereafter he raised alarm then the accused persons fled away. On the basis of above statement, Bikramganj P.S. Case No. 738 of 2022 has been lodged against the petitioners.
4. From the reading of the F.I.R., it appears that prima facie case is made out against the petitioners. Therefore, the FIR cannot be quashed.
5. Considering the aforesaid facts and also the law laid Patna High Court CR. MISC. No.13816 of 2023(2) dt.07-08-2023 3/3 down by the Hon'ble Supreme Court in the case of M/S Neeharika Infrastructure Pvt. Ltd. State of maharashtra and other reported in (2020) 10 SCC 118, this application is dismissed.
(Sandeep Kumar, J) Ranjeet/-
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