Lalit Rai And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13025 of 2015 Arising Out of PS. Case No.-20 Year-2010 Thana- SC/ST District- Munger ====================================================== 1.

Lalit Rai Son of Sri Siro Rai 2.

Hare Rai @ Hare Krishna Rai Son of Late Paro Rai 3.

Shekhar Rai Son of Sri Hare Rai 4.

Bipin Rai Son of Sri Siro Rai 5.

Shibu Rai Son of Late Babu lal Rai 6.

Suresh Rai Son of Late Babu Lal Rai All are resident of village Keyazori P.S. Chakai, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abdul Wadood For the Opposite Party/s :

Mr.Ambika Bhagat, Spl. P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 09-05-2019 Heard counsel for the petitioners and counsel for the State.

It is submitted that learned court below has rejected petitioners' application for discharge under order dated 10.02.2015 without appreciating that there is subsisting land dispute between petitioners and the informant. He also submits that informant had indulged in forcible harvesting their crops for which one application was filed by the petitioner no.2 in the court of Sub divisional Magistrate, Jamui for initiating proceeding under section 144 Cr.P.C. He further submits that

Patna High Court CR. MISC. No.13025 of 2015(2) dt.09-05-2019 2/2 FIR witness Naresh Yadav filed a case against the petitioners in which police had submitted final form.

From bare perusal of the FIR (Annexure 1), it appears that the allegations prima facie disclose ingredients of the offences levelled.

Factual denial raised by the petitioners can not be seen at this stage.

The quashing application is dismissed.

(Madhuresh Prasad, J) s.hassan/- U