Manish Kumar @ Manish Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30608 of 2024 Arising Out of PS. Case No.-64 Year-2017 Thana- SIMRI District- Darbhanga ====================================================== Manish Kumar @ Manish Kumar Das Son of Madan Das Resident of VillageNirmali, Ward No. 03, Police Station- Nirmali, District- Supaul ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nilendu Kumar Choudhary, Advocate For the State :

Mr.Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 30-07-2024 Heard the parties.

2. The only contention of the petitioner is that the charge-sheet has been taken retrospectively, which is not permissible. Though, there is no material difference if the charge-sheet is taken on the current date, but to avoid any illegality, this application is allowed.

3. The impugned order dated 22.05.2023 passed by the learned Special Excise Judge-II, Darbhanga in Simri P.S. Case No. 64 of 2017 is hereby quashed with a direction to the Court below to apply his mind and pass a reasoned order of cognizance within 15 days from the date of receipt/communication of a copy of this order.

4. Let a copy of this order be communicated to the

Patna High Court CR. MISC. No.30608 of 2024(2) dt.30-07-2024 2/2 District Judge, Darbhanga for its compliance through FAX and e-mail forthwith.

(Sandeep Kumar, J) P. Kumar U T