Patna High CourtCR. MISC./5722/2020dismissed

Sunil Kumar Sharma @ Sunil Sharma v. The State Of Bihar

2025-07-08Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5722 of 2020 Arising Out of PS. Case No.-206 Year-2018 Thana- BIHIA District- Bhojpur ====================================================== Sunil Kumar Sharma @ Sunil Sharma S/o Late Ramjee Sharma Resident of Village- Raja Bazar, Bihiya, P.S.- Bihiya, Distt- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Singh, Advocate For the State :

Ms.Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 08-07-2025 Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner has moved the Court for the following reliefs:

"That, this is an application for quashing of the order dated 04.12.2019 passed by the learned Additional Chief Judicial Magistrate12, Arrah, Bhojpur in Bihiya Police Station Case No. 206 of 2018 dated 27.05.2018 by which the cognizance has been taken against the petitioner under Section 147, 148, 149,341, 302, 504, 506 of the Indian Penal Code and under Section 27 of the Arms Act."

3. The petitioner is accused in a case under Section 302 of the Indian Penal Code and cognizance of the offences under Section 302 of the Indian Penal Code and other offences have been taken.

4. Learned counsel for the petitioner submits that on

Patna High Court CR. MISC. No.5722 of 2020(2) dt.08-07-2025 2/2 the ground of alibi, the cognizance order should be quashed by this Court.

5. This Court will not consider the defence of the petitioner at the stage of cognizance as the same is not even permissible at the stage of framing of charge.

6. This application is dismissed with liberty to the petitioner to raise all the grounds at an appropriate stage.

7. The trial arising out of Bihiya P.S. Case No. 206 of 2018 is directed to be expedited as it appears that the accused is trying to delay the trial.

8. Let a copy of this order be communicated to the District Judge, Ara forthwith through FAX or e-mail for its compliance.

(Sandeep Kumar, J) P. Kumar U T