Manoj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43535 of 2021 Arising Out of PS. Case No.-631 Year-2019 Thana- MADHEPURA COMPALINT CASE District- Madhepura ====================================================== MANOJ YADAV Son of Late Surendra Prasad Yadav Resident of Village - Chakla Laxmi Rampur, P.S.- Madhepura (Mathahi O.P.), District - Madhepura ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Upendra Prasad Yadav Son of Late Mahabir Yadav Resident of Village - Chakla Laxmi Rampur, P.S.- Madhepura (Mathahi O.P.), District - Madhepura 3.

Abhay Kumar Son of Upendra Prasad Yadav Resident of Village - Chakla Laxmi Rampur, P.S.- Madhepura (Mathahi O.P.), District - Madhepura 4.

Rakhwala Son of Abhay Kumar Resident of Village - Chakla Laxmi Rampur, P.S.- Madhepura (Mathahi O.P.), District - Madhepura 5.

Guddu Kumar Son of Balkishore Yadav Resident of Village - Chakla Laxmi Rampur, P.S.- Madhepura (Mathahi O.P.), District - Madhepura 6.

Bhaskar Kumar Son of Guddu Kumar Resident of Village - Chakla Laxmi Rampur, P.S.- Madhepura (Mathahi O.P.), District - Madhepura 7.

Md. Kalim Son of Resident of Village - Chakla Laxmi Rampur, P.S.- Madhepura (Mathahi O.P.), District - Madhepura ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar Jha For the Opposite Party/s :

Mr. Ravi Ranjan For the State :

Mr. Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 14-03-2023 Heard the parties.

This application is filed on behalf of the petitioners for quashing the order dated 09.02.2021 passed by the learned Sessions Judge, Madhepura in Cr. Revision No. 27 of 2020.

Patna High Court CR. MISC. No.43535 of 2021(3) dt.14-03-2023 2/3 The prosecution story in short is that the accused persons in the intervening night of first and second of November, 2019 came to his house on a two wheeler and a four wheeler and upon reaching the place of informant, they started carrying his son Sushant Kumar who was sleeping on the veranda. Upon seeing the same his nephew Mithu Kumar raised alarm. On hearing the alarm the informant and his wife came out and asked to stop, to which the accused persons hit them using fists and slaps. Further one of the above accused Bittu Kumar has snatched golden chain of his wife, having worth around 30 to 40 thousand.

By a detailed order the Revisional Court has dismissed the revision. Two Court of facts has given the concurrent findings therefore this court cannot substitute its own view in the matter.

Moreover, it is an admitted fact that the petitioner who was a complainant in the Court below is staying at his village and the Opposite parties are staying at Patna and it is because of the land dispute that the petitioner is trying to drag them into criminal litigation.

In these circumstances, this court finds no ground to interefere in this case.

Patna High Court CR. MISC. No.43535 of 2021(3) dt.14-03-2023 3/3 Accordingly, this application is dismissed.

(Sandeep Kumar, J) Vikas/Shishir U