Suresh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34595 of 2023 Arising Out of PS. Case No.-407 Year-2017 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== Suresh Prasad Son Of Late Shyam Narayan Prasad Resident Of Village-Moh. Shiv Lok, Kashipur, In Front Of Tirhut Academy School, P.S.-Town, Distt.- Samastipur ... ... Petitioner/s

Versus

1.

The State Of Bihar Patna 2.

Raghu Dipti @ Sanjay Kumar S/O Late Raj Kishore Prasad Resident Of Village-Durlakh, P.S-Muffasil, Distt.-Samastipur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mukesh Kumar No1 For the Opposite Party/s :

Mr. Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 30-07-2024 This application has been filed for quashing the order dated 07.12.2022 passed by learned Additional District and Sessions Judge-IX, Samastipur passed in Cr. Rev. No. 221 of 2022 by which the order dated 04.04.2022 passed by the learned A.C.J.M-II, Samastipur has been affirmed.

2. The prayer of the petitioner for discharge has been rejected by the Revisional Court by a detailed order discussing all the materials available on record.

3. From reading of the order of the Revisional Court, it appears that enough materials have come during investigation for framing of charge against the petitioner.

4. The Hon'ble Supreme Court in the case of Ram

Patna High Court CR. MISC. No.34595 of 2023(2) dt.30-07-2024 2/2 Prakash Chadha V/s State of U.P. reported in (2024) SCC OnLine SC 1709 has held that even a strong prima-facie case is enough for framing of charge.

5. In my opinion, no ground for discharge is made out in the present case. Accordingly, this application is dismissed. (Sandeep Kumar, J) Shishir/- U T