Raj Ballabh Singh And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13698 of 2015 Arising Out of PS. Case No.-169 Year-2011 Thana- DIDARGANJ District- Patna ====================================================== 1.

Raj Ballabh Singh son of Samta Singh 2.

Shaklu Singh son of Samta Singh 3.

Shishu Singh @ Bisu Singh Son of Raj Ballabh Singh 4.

Rishu Singh Son of Raj Ballabh Singh 5.

Ranjit Singh @ Kagri @ Kaamri @ Ranjit Rai son of Basudeo Singh All Resident of village- Khaspur, P.S. Didarganj, District Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Harbansh Singh son of late Laddu Singh, Resident of village- Khaspur, P.S. Didarganj, District Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jitendra Narain Sinha, Adv.

For the Opposite Party/s :

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 08-05-2019 Heard Mr. Jitendra Narain Sinha, learned Advocate for the petitioners and the learned counsel for the State. The petitioners have sought quashing of the order dated 10.02.2015 passed by the learned Addl. Sessions Judge-IV, Patna City, Patna in Sessions Trial No. 980 of

Patna High Court CR. MISC. No.13698 of 2015(2) dt.08-05-2019 2/3 2014 arising out of Didarganj P.S. Case No. 169 of 2011, whereby the prayer made on behalf of the petitioners for discharge has been rejected.

The learned counsel for the petitioners has drawn the attention of this Court to an order dated 02.12.2014 passed in Cr. Misc. No. 8809 of 2013, whereby one of the accused persons of the case was discharged on the ground of the evidence against him to be absolutely vague and unspecific.

However, the aforesaid order was passed in the year 2014. The stage of the case of the petitioners has changed. After the framing of the charge, the case is pending trial.

Under such circumstances, this Court is not inclined to accord the same privilege to the petitioners as was done in the case of co-accused who was discharged. However, the petitioners would be at liberty to contest the trial and the learned Trial Court shall take into account the specific accusation against the petitioners and shall conclude the trial as early as possible.

Patna High Court CR. MISC. No.13698 of 2015(2) dt.08-05-2019 3/3 With the aforesaid observation/direction, the petition is dismissed.

(Ashutosh Kumar, J) Praveen-II/- U T