Jai Krishna Jha v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8884 of 2017 Arising Out of PS. Case No.-62 Year-2014 Thana- SAMASTIPUR District- Samastipur ====================================================== Amrendra Kumar Son of Late Devenddra Prasad, Resident of VillageVishanpur Tola Hakimabad, Police Station- Muffassil, District- Samastipur, Present Address- 15 Number Dukan Stadium Market, Samatipur Ritu Raj Photo State Mobile No. 7765070652.

... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== with CRIMINAL MISCELLANEOUS No. 54886 of 2017 Arising Out of PS. Case No.-330 Year-2014 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Jai Krishna Jha Son of Late Ramashray Jha, Resident of Mohalla- Vivek Bihar Colony, Mohanpur Road, Samastipur, P.S.- Nagar District- Samastipur. ... ... Petitioner

Versus

1.

State Of Bihar 2.

Amrendra Kumar, S/o Devendra Prasad, Resident of Village- Vishanpur, Hakimhbad Tola, P.O.- Vishanpur, P.S.- Mufashil, District- Samastipur, Presently resides at Rituraj Photostate, Shop No.15, Stadium Market, Samastipur, District- Samastipur.

... ... Opposite Parties ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 8884 of 2017) For the Petitioner/s :

None For the Opposite Party/s :

Mr. Sri Ajay Kumar-1, APP (In CRIMINAL MISCELLANEOUS No. 54886 of 2017) For the Petitioner/s :

Mr. Sri Krishna Ranjan, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 29-04-2025 Heard the parties.

2.

On 21.08.2018, the following order was passed in Criminal Miscellaneous No.8884 of 2017 :-

Patna High Court CR. MISC. No.8884 of 2017(5) dt.29-04-2025 2/3 "The prayer of the petitioner for being discharged for the offences under Sections 420 and 406 of the Indian Penal Code which has been rejected by the trial court.

Learned counsel for the petitioner has submitted that for the same offence, a complaint case was earlier lodged by opposite party no. 2 which is being tried before the competent court. Apart from this, it has been submitted that the offences do not make out a case under Sections 406 and 420 of the Indian Penal Code.

Learned counsel for the opposite party no. 2 who has chosen to appear without any notice to him has informed this Court that both the cases have been amalgamated by the order of the court and against such order of amalgamation, the complainant / opposite party no. 2 has also filed a petition in the High Court vide Cr. Miscellaneous No. 54886 of 2017.

List this case along with Cr. Misc. No.

54886 of 2017 after one week on 28.08.2018."

3.

Pursuant to the above order, both the cases have been tagged.

4.

Today, learned counsel appearing for the petitioner of Criminal Miscellaneous No.54886 of 2017 has prayed for withdrawal of the case as the trial has proceeded. 5.

Accordingly, Criminal Miscellaneous No.

54886 of 2017 is disposed of as withdrawn.

Patna High Court CR. MISC. No.8884 of 2017(5) dt.29-04-2025 3/3 6.

None appears for the petitioner of Criminal Miscellaneous No.8884 of 2017 when the case is called. 7.

When the trial has proceeded, in my opinion, this case also needs to be disposed of.

8.

Accordingly, Criminal Miscellaneous No.

8884 of 2017 is also disposed of as the trial has proceeded. (Sandeep Kumar, J) pawan/- U T