Viro Singh And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12038 of 2015 Arising Out of PS. Case No.-39 Year-2009 Thana- MOKAMAH District- Patna ====================================================== 1.
Viro Singh 2.
Lallu Singh son of late Dhuro Singh 3.
Suro Singh@ Surendra Prasad Singh Son of Late Ram Kishun Singh All resident of Village- Shankarwar Tola, Mokama, P.s. - Mokama District - Patna.
... ... Petitioners
Versus
1.
The State of Bihar 2.
Vijay Sao Son of Jagadish Sao resident of Ramcharan Tola, P.S.- Mokama, District - Patna at residing at Nav Vihar Urmila Apartment , Patel Colony, Near Shanischaa Mandir , Sandalpur Road, P.S. - Bahadurpur, DistrictPatna. ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhay Kumar Thakur For the Opposite Party/s :
Mr.J.N.Thakur, APP For the Informant :
Mr. Brajesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 07-05-2019 This application has been preferred for setting aside the order dated 15.01.2015 passed by learned Sessions Judge, Patna in Cr. Misc. (Transfer) Case No. 1168/2014 by which the learned Sessions Judge, Patna was pleased to recall the case from the court of Sri Brajesh Kumar, J.M. 1st Class, Barh and transferred the same to the court of Sri Satya Priya Anand, J.M. 1st Class, Patna for trial and disposal of the case. It appears that the transfer petition was filed by the informant of Mokama P.S. Case no. 39/2009 on the ground that he had threat to his life at the end of the accused persons and
Patna High Court CR. MISC. No.12038 of 2015(2) dt.07-05-2019 2/2 that he had already left Barh and is presently residing at Patna. In this application petitioners are unable to demonstrate that the grounds set-forth by the informant for transfer of the records were not justified. Informant is said to have shifted to Patna because of threat and in such circumstances transfer of the records by the learned Sessions Judge, Patna cannot be said to be a perverse decision so as to seek interference of this court.
This application has no merit. It is dismissed accordingly.
(Rajeev Ranjan Prasad, J) Rajeev/- U T