Bhairab Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12035 of 2023 Arising Out of PS. Case No.-128 Year-2016 Thana- JAGDISHPUR District- Bhagalpur ====================================================== Bhairab Yadav Son of Late Siddhu Yadav R/v- Kola Narayanpur, P.S.- Jagdishpur, District- Bhagalpur ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Manoj Kumar Harijan Son of Shyam Harijan R/v- Kola Narayanpur, P.S.- Jagdishpur, District- Bhagalpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar Jha For the Opposite Party/s :

Mr. Jharkhandi Upadhyay APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 03-03-2023 Heard the parties.

This application has been filed for quashing the cognizance order dated 24.10.2016 passed by the Court of learned Additional Sessions Judge-cum-Special Judge (SC/ST), Bhagalpur in G.R. No. 1679 of 2016 arising out of Jagdishpur P.S. Case No. 128 of 2016.

The prosecution story as per the FIR in short is that on 24.05.2016 the informant-opposite party No. 2 namely Manoj Kumar Harijan has submitted a written report before the S.H.O. of Jagdishpur Police Station alleging inter-alia that on 23.05.2016 at about 8.00 P.M. while he was standing in front of his house, villager Bechan Yadav came and forcibly started

Patna High Court CR. MISC. No.12035 of 2023(2) dt.03-03-2023 2/2 taking him away by pulling him. When he made protest, said Bechan Yadav started abusing by taking caste name and brutally started beating by leg and fist and threatened to kill the informant-opposite party No. 02 and his entire family members on count of not casting the vote to his favourite candidate of Mukhiya Bhairab Yadav, this petitioner.

Upon perusal of the FIR, no ground for interference is made-out.

Accordingly, this application is dismissed.

(Sandeep Kumar, J) Vikas/Shishir U