Satish Pandey And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.887 of 2014 ======================================================

1. Satish Pandey Son of Late Jai Kishore Pandey Resident of Village - Bishpatti, P.S.- Sursand, District - Sitamarhi

2. Shambhu Nath Choudhary Son of Sri Sitaram Choudhary Resident of Village - Gausnagar, P.S.- Basopatti, District -Madhubani .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate With Mr. Ravi Ranjan For the Respondent/s : Mr. Amitesh Kumar(App) For Opposite party : Mr. Ravi S. Pankaj, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-02-2017 Heard learned counsel for the parties.

2. By an order dated 06.08.2014 passed in Sessions Trial No. 41 of 2013, the learned Adhoc Additional Sessions Judge II, Sitamarhi has rejected an application filed by the petitioners under Section 227 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) for their discharge.

3. Learned counsel appearing on behalf of the petitioners has submitted that despite there being no material against the petitioners, sufficient for framing of charge against them of the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act, learned court below rejected their application

filed under Section 227 of the Code.

4. I have perused the materials on record including the case diary. It cannot be said that there was absolutely no material collected in course of investigation against these petitioners and there could be no grave suspicion against them for the purpose of framing of charge.

5. I do not find any illegality in the order impugned. This application is, accordingly, dismissed. (Chakradhari Sharan Singh, J) ArunKumar/- U