Shankar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12038 of 2021 Arising Out of PS. Case No.-231 Year-2018 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== 1.

Shankar Yadav, S/O Late Sohan Yadav.

2.

Santosh Yadav, S/O Shankar Yadav.

Both are resident of Village Barsaliganj, P.S- Mojahidpur, District Bhagalpur ... ... Petitioners

Versus

1.

The State of Bihar 2.

Rinku Kumar Yadav S/O Late Naresh Yadav R/O Village-Mahmadabad Choudhary Dih, P.S-Lodipur, District-Bhagalpur. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioners :

Mr. Abul Kalam, Advocate For the Opposite Party :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 21-04-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

The present application has been filed for quashing the order dated 03.02.2020 passed by learned Additional District and Sessions Judge, VI, Bhagalpur, in Sessions Trial No. 856 of 2018 arising out of Kotwali Barari P.S. Case No. 231 of 2018, by which the learned Judge has rejected the discharge

Patna High Court CR. MISC. No.12038 of 2021(2) dt.21-04-2022 2/2 application filed by the petitioner.

The petitioner cannot be discharged in a case registered under Section 302 of the Indian Penal Code without trial as the materials have come connecting the petitioner with the crime.

Accordingly, this quashing petition stands dismissed.

(Sandeep Kumar, J) pawan/- U T