Binod Prasad v. The State Of Bihar Through Chief Secretary Government Of Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.133 of 2025 Arising Out of PS. Case No.-137 Year-2024 Thana- BIND District- Nalanda ====================================================== 1.

Binod Prasad Son of Late Nandan Mahto Resident of Vill- Amawan, P.S.- Bind, District- Nalanda 2.

Satish Kumar Son of Late Nandan Mahto Resident of Vill- Amawan, P.S.- Bind, District- Nalanda ... ... Petitioner/s

Versus

1.

The State of Bihar through Chief Secretary Government of Bihar, Patna Patna 2.

The Principal Secretary Home Department, Government of Bihar, Patna Patna 3.

The District Magistrate, Nalanda Patna 4.

The Director Co-Operative Officer, Nalanda Nalanda 5.

The Co-Operative Extension Officer, Asthawan, Nalanda Nalanda 6.

The Superintendent of Police, Nalanda Nalanda 7.

The Dy. Superintendent of Police, Nalanda Nalanda 8.

The S.H.O. of Asthawan, Police Station Asthawan, District Nalanda Nalanda ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sudish Kumar For the Respondent/s :

Mr.S.C. 28 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 04-08-2025 Heard learned counsel for the petitioners and learned counsel for the State.

2. This application has been filed on behalf of the petitioners for quashing the F.I.R. i.e. Bind P.S. Case No.137 of 2024 registered under Sections 316(2), 318(4), 3(5) of the B.N.S.

3. As per the prosecution case, a complaint was

Patna High Court CR. WJC No.133 of 2025(2) dt.04-08-2025 2/2 registered against the petitioners on 18.10.2024 on the basis of letter dated 14.10.2024 issued by District Co-operative Officer, Nalanda in which it is alleged that 709.18 qtl. Paddy was not present in the Godwan of the petitioners.

4. From the reading of the F.I.R., in my view, prima facie offence is made out.

5. In these circumstances, F.I.R. cannot be quashed on the mere submission of the learned counsel for the petitioners.

6. Accordingly, this application is dismissed with liberty to the petitioners to raise all the grounds at an appropriate stage.

(Sandeep Kumar, J) anand/- U T