Suraj Singh @ Suraj Prakash @ Suraj Prakash Narayan Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46245 of 2014 Arising Out of PS.Case No. -294 Year- 2012 Thana -BANIAPUR District- SARAN ========================================================= Suraj Singh @ Suraj Prakash @ Suraj Prakash Narayan Singh S/o Sri Raj Narayabn Singh R/o vill.- Katesar, P.O.- Nagra, P.S.- Nagra (Khaira), Distt.- Chapra (Saran).

.... .... Petitioner

Versus

1. The State of Bihar

2. Ranjan Kumar Singh S/o Bhushan Singh R/o vill.- Sareya (Hardi Tola), P.S.- Baniyapur, Distt.- Saran .... .... Opposite Party ========================================================== Appearance :

For the Petitioner/s : Mr. Rajni Kant Singh, Advocate For the Opposite Party/s : None.

========================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT Date: 13-10-2017 Heard learned counsel for the petitioner. No one appears on behalf of the State.

Learned counsel for the petitioner submits that it is a case of mala fide prosecution of the petitioner. There is a counter case lodged by this petitioner which is supported by the injury report brought on the record as Annexure-2/1. Submission is that in order to get rid of the case lodged by the petitioner the present case has been lodged. This court has gone through the records in the present case. A charge-sheet has already been submitted and from the

Patna High Court Cr.Misc. No.46245 of 2014 dt.13-10-2017 materials appearing from the investigation, the learned Magistrate has taken cognizance finding a prima facie case. This court does not find any reason to interfere with the said order.

This application is dismissed.

The petitioner, if so advised, may raise all such pleas which are available to him at the time of framing of charge.

(Rajeev Ranjan Prasad, J.) Rajeev/- AFR/NAFR NAFR CAV DATE NA Uploading Date 13.10.2017 Transmission Date 13.10.2017