Bishwa Nath Bhagat v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49772 of 2014 Arising Out of PS.Case No. -124 Year- 2011 Thana -BASOPATTI District- MADHUBANI =========================================================== Bishwa Nath Bhagat, Son of Mahavir Bhagat, resident of Utara, P.S. Saharghat, District - Madhubani.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Jay Nandan, A.S.I. Benipatti, P.S. and District - Madhubani. .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr. Gagan Deo Yadav, Adv. For the Opposite Party no.1 : Mr. J.N. Thakur, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT Date: 16-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner has once tested the order taking cognizance by filing a revision application before the learned Sessions Judge, Madhubani, but after he failed in the said revision application, has invoked the provisions under Section 482 Cr.P.C. to file the present application.

Learned counsel for the petitioner assails the impugned order on the ground that the name of this petitioner has been implicated only on suspicion.

This Court has perused the records and is of the considered opinion that at this stage of taking cognizance it is not

Patna High Court Cr.Misc. No.49772 of 2014 dt.16-10-2017 required to be looked into as to whether the case against the petitioner is fully proved or not. A mere suspicion giving rise to a prima facie case would be sufficient. No interference is called for. The application is dismissed.

Petitioner is at liberty to raise all such pleas which are available to him at the appropriate stage.

(Rajeev Ranjan Prasad, J) Arvind/- AFR/NAFR CAV DATE Uploading Date 17.10.2017 Transmission Date 17.10.2017