Satya Narayan Mahto v. The State Of Bihar Through The S.S.P. , Vaishali

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36433 of 2021 Arising Out of PS. Case No.-92 Year-2017 Thana- PATEPUR District- Vaishali ====================================================== Satya Narayan Mahto S/o Ramratap Mahto R/o Village- Dhankaul, P.S.- Patepur, District- Vaishali.

... ... Petitioner/s

Versus

1.

The State Of Bihar through the S.S.P. , Vaishali 2.

Baiju Lal Sah Son of Ram Dayal Sah Resident of Bardiha Turki, P.S.- Patepur, District- Vaishali.

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

For the Petitioner/s :

Mr.Md. Shahnawaz Ali, Advocate For the State :

Mr.Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 18-03-2025 Heard the parties.

2. The present application has been filed for quashing the order dated 01.11.2018 against all accused persons under Sections 341, 323, 324, 307/34 of the Indian Penal Code in connection with Patepur P.S. Case No. 92 of 2017.

3. After some argument, Mr. Md. Shahnawaz Ali, learned counsel for the petitioner prays for and is permitted to withdrawn this application to raise all the grounds at the stage of framing of charge including the ground that no offence under Section 307 of the Indian Penal Code is made out.

4. Accordingly, this application is dismissed as

Patna High Court CR. MISC. No.36433 of 2021(4) dt.18-03-2025 2/2 withdrawn with liberty to the petitioner to raise all the grounds at the stage of framing of charge and if such an application is filed then the Court below will pass a reasoned order in accordance with the law laid down by the Hon'ble Supreme Court in the case of Kanchan Kumar Vs. State of Bihar reported in (2022) 9 SCC 577.

5. The aforesaid exercise must be completed within two months from the date of receipt of a copy of this order as it has been submitted by learned counsel for the opposite party no. 2 that the petitioner is delaying the trial.

6. Let a copy of this order be communicated to the District Judge, Hajipur for its compliance through FAX or email forthwith. (Sandeep Kumar, J) P. Kumar U T