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Patna High CourtCR. MISC./18811/2012allowed

Bajnath Paswan And ANR. v. The State Of Bihar

2015-02-10Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18811 of 2012 Arising Out of PS.Case No. -20 Year- 2011 Thana Arwal, District- JEHANABAD ===========================================================

1. Bajnath Paswan, S/O Late Rameshwar Paswan

2. Umesh Pandit, S/O Bhimal Pandit Both are resident of village- Arwal, P.S- Arwal, District- Arwal .... .... Petitioner/s

Versus

The State Of Bihar .... .... Opposite Party/s =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 10-02-2015 No one appears on behalf of the Petitioners.

The Petitioners seek quashing of the order of cognizance dated 16.9.2011 passed by the Chief Judicial Magistrate, Jehanabad, in Arwal P.S. Case No. 20 of 2011. The case of the Informant is that the accused persons have come to the Petrol Pump for compromising the earlier case after one month he found that the motorcycle was stolen. He suspected that the Petitioners were involved in the said case. However, after due investigation, Final Report was submitted in the matter as no clue.

Considering that there is no cogent material as against the Petitioners apart from vague suspicion, the application is allowed and the order of cognizance dated 16.9.2011 passed by the Chief Judicial

Patna High Court Cr.Misc. No.18811 of 2012 dt.10-02-2015 2/2 Magistrate, Jehanabad, in Arwal P.S. Case No. 20 of 2011 is hereby set aside.

(Anjana Prakash, J) S.Ali/- U T