Zakir Mian v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44585 of 2015 Arising Out of PS. Case No.-4 Year-2014 Thana- GOPALPUR District- West Champaran ====================================================== Zakir Mian Son of Astullah Ansari R/o Village Puraina, P.S. Chanpatiya, District West Champaran ... ... Petitioner/s

Versus

1.

State Of Bihar 2.

Janak Mishra Son of Late Lal Babu Mishra R/o Village Ghogha, P.S. Gopalpur, District West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Naresh Chandra Verma For the Opposite Party/s :

Mr.Narsingh Tantiapp ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 13-07-2023 Heard the parties.

The present application has been filed for quashing the order dated 19.12.2014 passed by the learned Additional Sessions Judge VI, Bettiah, West Champaran in connection with Sessions Trial No. 542/2014 arising out of Gopalpur P.S. Case No. 04 of 2014 has rejected the discharge petition filed by the petitioner with the view that there is sufficient material to proceed and frame charge against the petitioner under Section 302/120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.

A strong prima facie case has been found against the petitioner and I find no ground to interfere in the impugned

Patna High Court CR. MISC. No.44585 of 2015(2) dt.13-07-2023 2/2 order.

In view of the above and in view of the law laid down by the Supreme Court in the case of State of Bihar vs. Ramesh Singh reported in 1977 SC (4) 39, this application is dismissed. (Sandeep Kumar, J) Saif/- U T