Ashutosh @ Ashutosh Kumar @ Tipu Singh @ Ashotosh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9942 of 2023 Arising Out of PS. Case No.-389 Year-2018 Thana- BHORE District- Gopalganj ====================================================== ASHUTOSH @ ASHUTOSH KUMAR @ TIPU SINGH @ ASHOTOSH SINGH Son of Badri Narayan Singh Resident of Village- Bhore, P.S.- Bhore, District- Gopalganj ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Pankaj Tiwari Son of Brij Bihari Tiwari Resident of Village- Khajurahan Mishra, P.S.- Bhore, District- Gopalganj ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rama Kant Sharma, Sr. Advocate Mr.Usha Rai For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 19-06-2023 Heard learned Senior Counsel for the petitioner and learned APP appearing on behalf of the State. The submission of the learned Senior Counsel for the petitioner is that no offence under Section 307 of the Indian Penal Code is made out.

At the stage of the cognizance, this Court will not examine the facts and the injuries. The petitioner has a legal right to raise all the grounds at the stage of framing of charge. If such an application is filed at the stage of framing of charge that no offence under Section 307 of the Indian Penal Code is made out against the petitioner, the same shall be considered by the trial Court in the light of the law laid down by

Patna High Court CR. MISC. No.9942 of 2023(2) dt.19-06-2023 2/2 the Supreme Court in the case of Kanchan Kumar Vs. State of Bihar reported in (2022) 9 SCC 577.

With the aforesaid observations and directions, this application is disposed of.

(Sandeep Kumar, J) Saif/- U T