Patna High CourtCR. WJC/2164/2017allowed

Abhijit Choudhary v. The State Of Bihar, Through The Principal Secretary, Department Of Excise Police, Government Of Bi

2023-02-20Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2164 of 2017 Arising Out of PS. Case No.-5 Year-2017 Thana- DEO District- Aurangabad ====================================================== Abhijit Choudhary ... ... Petitioner/s

Versus

The State Of Bihar, Through The Principal Secretary, Department Of Excise police, Government Of Bi ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjan Kumar Jha For the Respondent/s :

Mr. Anil Kumar Sinha GA 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 20-02-2023 Heard the parties.

This application has been filed on behalf of the petitioner for quashing of the FIR of Deb P.S. Case No. 05 of 2017.

Learned counsel for the petitioner submits that there is no material which have come during investigation to connect the petitioner, even remotely, with the crime and he is being prosecuted in this case only because he is the registered owner of the vehicle.

He further submits that before the alleged crime the petitioner has transferred the vehicle to one Kurban Khan on 30.05.2016 and for transferring, documentation was done and he had obtained an N.O.C. for the transfer of vehicle in the name of

Patna High Court CR. WJC No.2164 of 2017(5) dt.20-02-2023 2/2 Kurban Khan.

These facts are not denied by the learned counsel for the State. His only submission is that the petitioner is the registered owner of the vehicle in the present case and for this reason he is wanted in this case.

Learned counsel for the petitioner further submits that the petitioner has already taken anticipatory bail in the case. Considering the aforesaid, it appears that there is no complicity of the petitioner in the present case. Accordingly, this application is allowed. The prosecution of the petitioner is set aside in connection with Deb P.S. Case No. 05 of 2017.

(Sandeep Kumar, J) Shishir/Vikas U