Nand Kishore Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5634 of 2022 Arising Out of PS. Case No.- Year-0 Thana- District- Bhagalpur ====================================================== NAND KISHORE SINGH Son of Late Ram Swaroop singh Resident of Village - Tetri, Police Station - Naugachia, District - Bhagalpur. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Bambam Singh @ Bambam Kumar Singh Son of Jay Prakash Singh @ Sunil Prasad Singh Resident of Village - Tetri, Police Station - Naugachia, District - Bhagalpur.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar For the Opposite Party/s :

Mr. Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 27-03-2025 Heard the parties.

2. The present application has been filed for quashing the order dated 26.11.2019, passed by learned Additional District and Sessions Judge-III, Naugachia in Cr. Revision No. 19 of 2018 "Bambam Singh @ Bambam Kumar Singh Vs. State of Bihar" arising out of Miscellaneous Case No. 1026 of 2017, by which the learned Magistrate was pleased to dismissed the revision application.

3. The limited ground argued by learned counsel for the petitioner is for quashing of the order dated 26.11.2019 that in the Revision petition, the petitioner was not made a party.

4. Learned counsel for the opposite party no. 2 has not

Patna High Court CR. MISC. No.5634 of 2022(4) dt.27-03-2025 2/2 made party and revision application was allowed and learned counsel for the opposite party no. 2 has not been able to controvert this fact. From the impugned order it also appears that the State of Bihar was the only opposite party.

5. In view of above, this application is allowed.

6. The order dated 26.11.2019, passed by learned Additional District and Sessions Judge-III, Naugachia in Cr. Revision No. 19 of 2018, arising out of Miscellaneous Case No. 1026 of 2017 is hereby quashed.

7. The matter is remitted back to the court below with a direction to re-hear the parties including the petitioner and pass an appropriate and reasoned order within two months from the date of receipt of communication of this order.

8. The petitioner will cooperate in the disposal of the revision petition by appearing in the court below. (Sandeep Kumar, J) Ranjeet/- U T