Satish Jha @ Satish Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11642 of 2021 Arising Out of PS. Case No.-124 Year-2019 Thana- SHEOHAR District- Sheohar ====================================================== Satish Jha @ Satish Kumar Jha S/o Jainath Jha @ Jagat Narayan Jha Resident of Village-Sugiya Katsari, P.S.-Sheohar, District-Sheoghar. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Fuldev Sahni S/o Pathar Sahni Resident of Village-Sugiya Katsari, P.S.- Sheoghar, District-Sheohar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Uday Kumar For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-04-2022 Heard learned counsel for the petitioner as well as learned A.P.P for the State.

The present application has been filed for quashing the order dated 19.02.2020 passed by the learned Sessions Judge, Sheohar in Sessions Trial No. 97 of 2019, arising out of Sheohar P.S. Case No. 124 of 2019, whereby the petition filed by the petitioner under Section 239 Cr.P.C to discharge him from the above mentioned case has been rejected.

It is submitted by learned counsel for the petitioner that petitioner has falsely been implicated in

Patna High Court CR. MISC. No.11642 of 2021(2) dt.28-04-2022 2/3 this case. The fardbeyan of the informant shows that except informant, there is no other witness to the occurrence. Hence, no case is made out against the petitioner.

Perused the F.I.R as well as impugned order.

The petitioner is named in the F.I.R and from perusal of the impugned order, it appears that there are sufficient materials against the petitioner in para 6, 7, 60, 61, 62 and 63 of the case diary. It is the case of the petitioner that charges have been framed on the basis of mere suspicion but the impugned order suggests that there is ample evidence against the petitioner.

This Court finds no illegality in the impugned order. Hence, this Court is not inclined to interfere at this stage. However, the petitioner shall be at liberty to raise all the contentions at the time of framing of charge, if the charge has already not been framed. With the observations and directions, the application stands disposed off in connection with

Patna High Court CR. MISC. No.11642 of 2021(2) dt.28-04-2022 3/3 Sessions Trial No. 97 of 2019, arising out of Sheohar P.S. Case No. 124 of 2019.

(Sunil Kumar Panwar, J) Shageer/- U T