Jeebach Yadav And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2479 of 2018 Arising Out of PS. Case No.-105 Year-2015 Thana- LADANIA District- Madhubani ====================================================== 1.

Jeebach Yadav Son of Jayalal Yadav, 2.

Bindeshwar Yadav, Son of Late Adhiklal Yadav, 3.

Amrendra Yadav, Son of Adhiklal Yadav, 4.

Manoj Yadav, Son of Late Bacha Yadav, 5.

Birendra Yadav, Son of Late Jay Lal Yadav, All resident of VillageBagulwa, P.S.- Ladaniya, District- Madhubani. ... ... Petitioner/s

Versus

1.

State Of Bihar 2.

Shankar Sah, Son of Late Domi Sah, resident of Village Bagulwa, P.S.- Ladaniya, District- Madhubani.

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

For the Petitioner/s :

Mr. Gagan Deo Yadav For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 19-11-2019 Heard the learned counsel for the petitioners and the State.

The petitioners seek quashing of the order dated 24.07.2017 passed by the learned A.C.J.M. IV, Madhubani in connection with Ladaniya P. S. Case No. 105 of 2015 / T.R. No. 2635 of 2017, whereby cognizance has been taken under Sections 302, 307, 323, 324, 325, 341, 147, 148 and 149 of the Indian Penal Code.

Mr. Gagan Deo Yadav, learned counsel for the

Patna High Court CR. MISC. No.2479 of 2018(2) dt.19-11-2019 2/2 petitioners submits that the accusation against the petitioners was found to be false but differing with the police report, cognizance has been taken against them. Learned counsel for the petitioners further submits that the specific accusation of assault on the deceased is by one of the accused persons and not the petitioners. These are no good grounds for interfering with the order of cognizance.

The prayer is rejected.

Should the petitioners, if so advised, prefer a petition for discharge, the court below shall pass a reasoned in accordance with law, without being prejudiced by the fact that the present petition has not been entertained by this Court.

The petition is dismissed.

(Ashutosh Kumar, J) skm/- U