Chhotu Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17382 of 2016 Arising Out of PS. Case No.-65 Year-2013 Thana- SONBERSHA RAJ District- Saharsa ====================================================== Chhotu Yadav, Son of Arbind Yadav, resident of village- Bhada, P.S.- Sonbarasa Raj, District-Saharsa ... ... Petitioner/s

Versus

1. The State Of Bihar

2. Sanjeev Yadav, son of Late Laxmi Yadav

3. Gajendra Yadav, son of Parasmani Yadav 4.Shankar Yadav, son of Chaturmani Yadav

5. Pintu Yadav, son of Mahendra Yadav

6. Bikku Yadav, son of Sanjeev Yadav

7. Bijay Yadav, son of Birendra Yadav

8. Guddu Yadav, son of Sanjeev Yadav

9. Prabhat Yadav, son of Sanjeev Yadav.

All (2 to 9) are resident of village -Bhada, P.S.- Sonbarsa Raj, DistrictSaharsa. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Mishra, Advocate For the State :

Mr.U.S.P.Sing, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 28-04-2025 Heard learned counsel for the petitioner and learned counsel for the State.

2. Learned counsel for the petitioner has submitted that in a serious case of rape and murder, the police has exonerated most of the accused persons and the charge-sheet has been filed against only one accused person.

3. This application is disposed of with liberty to the petitioner to file an application under Section 319 Cr.P.C. at an appropriate stage and if such an application is filed, the same

Patna High Court CR. MISC. No.17382 of 2016(7) dt.28-04-2025 2/2 shall be decided by the trial Judge in view of the judgment delivered by the Hon'ble Supreme Court in the case of Satbir Singh vs. Rajesh Kumar and Ors. reported as 2025 SCC OnLine SC 694.

(Sandeep Kumar, J) P. Kumar U T