Ajay Kumar Rai @ Mantu Rai @ Mantu Ram And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42983 of 2016 Arising Out of PS. Case No.-264 Year-2010 Thana- BUXAR MUFFSIL District- Buxar ====================================================== 1.Ajay Kumar Rai @ Mantu Rai @ Mantu Ram Son of Sri Gopal Rai @Mirtunjay Kumar Rai, Resident of Village Kritpura, Police Station Buxar (M), District Buxar.

2. Gopal Rai @ Mirtunjay Kumar Rai Son of Late Gauri Shankar Rai, resident of Village Kritpura, P.S.Buxar (M) District Buxar ... ... Petitioner/s

Versus

1. State Of Bihar

2. Shashi Kant Upadhya, Son of Late Anjani Upadhyaya resident of Village Balua, P.S.- Buxar, Chausa, District- Buxar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar Roy, Advocate For the Opposite Party/s :

Mr. Ram Priya Saran Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 13-01-2026 Heard learned counsel for the petitioners and learned counsel for the State.

2. Learned counsel for the petitioner submits that petitioner no. 1 has died.

3. In view of the aforesaid, learned counsel for the petitioners prays for and is permitted to withdraw this application with liberty to the petitioner no. 2 to raise all the grounds at the stage of framing of charge.

4. If such an application is filed, the same shall be heard and considered by the learned court below in view of the law laid down by the Hon'ble Supreme Court in the case of Kanchan Kumar vs. State of Bihar reported in (2022) 9 SCC 577

Patna High Court CR. MISC. No.42983 of 2016(8) dt.13-01-2026 2/2 and accordingly a reasoned order shall be passed.

5. The interim protection, if any, granted to the petitioners, is hereby vacated.

6. Let a copy of this order be communicated to Principal District Judge, Buxar through FAX so that the case will proceed further.

(Sandeep Kumar, J) tusharika/- U T