Patna High CourtCR. REV./41/2018dismissed

Shiv Ji Singh @ Shivjatan Singh v. The State Of Bihar

2019-04-25Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.41 of 2018 Arising Out of PS. Case No.-218 Year-2016 Thana- SARAIYA District- Muzaffarpur ====================================================== Shiv Ji Singh @ Shivjatan Singh S/o Ram Sanjeevan Singh @ Sanjeewan Singh, R/o Village- Batraulia, P.O.- Bakhra, P.S.- Saraiya, DistrictMuzaffarpur. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shrinandan Prasad Singh, Adv : Mr.Navesh Nandan, Adv For the Respondent/s :

Mr.Smt. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 25-04-2019 Heard learned counsel for the parties.

2. By the impugned order dated 06.12.2017 passed in Sessions Trial No.564 of 2017, the court of learned A.D.J.-IX, Muzaffarpur has refused to discharge the petitioner.

3. While refusing the prayer, the learned court below has considered that the witnesses have stated before the police that the petitioner and others were seen fleeing from the place of occurrence after commission of the occurrence of murder. The court further considered that the police has submitted chargesheet against the petitioner.

4. Learned counsel for the petitioner submits that some other witnesses stated before the police especially the owner of the land on which dead body was found that when he reached at

Patna High Court CR. REV. No.41 of 2018 dt.25-04-2019 2/2 his field, found the dead body and thereafter, informed to the family members of the deceased and then they come. The aforesaid statement contradicts the claim of other witnesses to have seen the petitioner and others fleeing.

5. The law is well settled that the appreciation of evidence is not permissible at the stage of consideration whether the accused should be put on trial or not. Moreover, the finding of the learned court below that this is a fit case for proceeding with the trial is based on material on the record. Hence, this criminal revision application has got no merit. Accordingly, it stands dismissed.

(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date 29.04.2019 Transmission Date 29.04.2019