Vivek Kushwaha @ Vivek Kumar And ANR v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.50725 of 2014 (3) dt.08-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50725 of 2014 Arising Out of PS.Case No. -100 Year- 2012 Thana -THAKRAHA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Vivek Kushwaha @ Vivek Kumar Son of Hardeo Kushwaha.

2. Lalbahadur Kushwaha @ Lalbahadur Kushwaha Son of Tufani Kushwaha Both Resident of village - Binahi, P.S- Bhitaha O.P (Thakaraha), District-West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Nathuni Kushwaha Son of Rikhdeo Mahto Village-Binahi, P.S- Bhitaha O.P (Thakraha), District- West Champaran .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Kr Singh No. 1, Adv. For the Opposite Party/s : Mr. U.S.P.Singh, App ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 08-03-2016 The petitioners seek quashing of the order dated 15.10.2014 passed by the 3rd Additional District and Sessions Judge, Bagaha, West Champaran in S.Tr. No. 695 of 2012 arising out of Thakraha (Bhitaha) P.S. Case No. 100 of 2012.

Considering that the petitioners were not named during entire investigation and they being named during trial evidently is a contradiction which would not justify putting the petitioners on trial, the application is allowed and the order dated 15.10.2014 passed by the 3rd Additional District and Sessions Judge, Bagaha, West Champaran in S.Tr. No. 695 of 2012 arising out of Thakraha (Bhitaha) P.S. Case No. 100 of 2012 is hereby set aside. (Anjana Prakash, J) Prakash/- U T