Ankit Kumar @ Ankit Raj @ Abhinav Raj @ Ankit v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22355 of 2024 Arising Out of PS. Case No.-651 Year-2022 Thana- JAKKANPUR District- Patna ====================================================== Ankit Kumar @ Ankit Raj @ Abhinav Raj @ Ankit Son Of Rajesh Prasad R/O-Hathsarganj, P.S.-Hajipur, Distt.-Vaishali ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Shailesh Anand, Adv.
For the Opposite Party :
Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 24-09-2024 Heard learned counsel for the petitioner and learned APP for the State.
2.
This application has been filed for quashing the order dated 18.01.2024 passed by the learned Additional Sessions Judge, XXI, Patna, in Sessions Trial No.329 of 2023, arising out of Jakkanpur P.S. Case No. 651 of 2022, by which the learned Sessions Judge has dismissed the discharge petition filed by the petitioner.
3.
It has been submitted by learned counsel for the petitioner that the petitioner is not named in the FIR and subsequently, during investigation, the materials have come to connect him with the conspiracy of the crime and since there is no direct material against the petitioner, he may be discharged.
Patna High Court CR. MISC. No.22355 of 2024(2) dt.24-09-2024 2/2 4.
I have perused the order of the Court below.
The Court below while considering the discharge application of the petitioner, has considered the materials available on record and sufficient materials have come in the case diary to connect the petitioner with the crime and accordingly, it has been found that the petitioner was a part of the conspiracy in killing the deceased. Strong prima facie case has been found against the petitioner.
5.
Considering the aforesaid facts and also the law laid down by the Hon'ble Supreme Court in the case of Ram Prakash Chadha vs. State of Uttar Pradesh reported in 2024 SCC OnLine SC 1709, I does not find any infirmity in the impugned order. Accordingly, this application is dismissed. (Sandeep Kumar, J) kiran/- U T