Rajendra Prasad @ Chiraiya v. The State Of Bihar Through The Principal Secretary Excise Dept. Govt. Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.418 of 2018 Arising Out of PS. Case No.-219 Year-2017 Thana- HUSAINGANJ District- Siwan ====================================================== Rajendra Prasad @ Chiraiya S/o Ramaji Sah, R/o Village- Gopalpur, P.S.- Hussainganj,District-Siwan.

... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary Excise Dept. Govt. of Bihar.

2. The Director General of Police, Govt. of Bihar, Patna.

3. The D.I.G. of Police, Saran Region, Saran.

4. The Superintendent of Police, Siwan.

5. The S.D.P.O. Siwan.

6. The Officer Incharge, Hussainganj P.S., District- Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Tiwary, Advocate For the State :

Mr.Kumar Ravish, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 04-01-2019 Defect, as pointed out by the registry, is ignored. Heard learned counsel for the petitioner and learned counsel for the State.

This writ petition has been filed by the petitioner for quashing the FIR of Hussainganj P.S. Case No. 219 of 2017 registered inter alia under Sections 272, 273, 308, 414 and 420 of the Indian Penal Code and Section 41(1), 30, 36 and 38 of the Bihar Prohibition and Excise Act, 2016.

On perusal of the FIR, as contained in Annexure-1 to this writ petition, I find that ingredients of a cognizable offence are clearly attracted.

In that view of the matter, neither the institution of the

Patna High Court Cr. WJC No.418 of 2018(2) dt.04-01-2019 2/2 FIR nor its investigation can be held to be bad. Accordingly, the writ petition, being devoid of any merit, is dismissed.

(Ashwani Kumar Singh, J) Md. S/SKSuman.

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