Bishuni Rai @ Bishundeo Rai And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 26915 of 2013 Arising Out of PS.Case No. -75 Year- 2009 Thana -LALGANJ District- VAISHALI(HAJIPUR) ======================================================

1. Bishuni Rai @ Bishundeo Rai S/O Late Awadh Rai.

2. Sipahi Rai S/O Late Jamun Rai.

3. Jaglali Rai @ Jaglal Rai S/O Late Ramchandra Rai All resident of Village Sarariya, Post Khanjahachak, Police Station Lalganj, District Vaishali.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Ashok Kumar For the Opposite Party/s : Mr. D.N.Tiwary (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 4.

27-06-2016 Heard learned counsel for petitioners and Sri D.N.Tiwary, learned Addl. Public Prosecutor.

Three petitioners, invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of an order dated 21-09-2012 passed by learned Special Judge, Hajipur in G.R. No. 1193 of 2009, Tr. No. 356 of 2012 (arising out of Lalganj P.S. Case No. 75 of 2009). By the said order, learned Special Judge has rejected the petition filed under Section 227 of Cr.P.C. for discharge on behalf of petitioners.

Learned counsel for petitioners submits that the order impugned has been passed without application of mind, whereas,

Patna High Court Cr.Misc. No.26915 of 2013 (4) dt.27-06-2016 2/2 learned Addl. Public Prosecutor while opposing the prayer of petitioners submits that there is no apparent error in the impugned order.

Besides hearing, I have also perused the material on record. After going through the same, I do not find any apparent error warranting interference by this Court.

Accordingly, the petition stands dismissed.

(Rakesh Kumar, J.) Anay U T