Vinod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38166 of 2025 Arising Out of PS. Case No.-396 Year-2025 Thana- MADHEPURA District- Madhepura ====================================================== Vinod Kumar S/o Rajendra Prasad Yadav @ Rajendra Resident of Village -Jaipalpatti ,Ward no 15, PS and District Madhepura- ... ... Petitioner/s

Versus

1.

The State of Bihar Patna 2.

Naresh Kumar Raman (Advocate) S/o Late Laxmi Prasad Resident of village- Matnaha Ward no- 01, Sadhuaa Path North of Agriculture Science Centre, P.S- Bhararhi, Dist- Madhepura.

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

For the Petitioner/s :

Mr. Bimal Kumar, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP For the O.P. No.2 :

Mr. Anil Chandra, Advocate Mr. Durgesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 25-07-2025 Mr. Sadanana Yadav, Secretary Bar Association, Madhepura, Mr. Ramendra Kumar, President, Zila Nyaya Mitra Sangh, Madhepur, Mr. Mithilesh Kumar, General Secretary (Pradhan Sachiv), Zila Nyaya Mitra Sangh, Madhepur and Mr. Sharda Nand Mishra, Secretary, Bar Association and Dhandev Kumar, Advocate have appeared before this Court in pursuance to order dated 11.07.2025.

2. Mr. Sharda Nand Mishra, learned Advocate is representing the Secretary of District Bar Association, Madhepura, Mr. Shailendra Singh is representing the President and General Secretary of Zila Nyaya Mitra Sangh, Madhepur. It

Patna High Court CR. MISC. No.38166 of 2025(4) dt.25-07-2025 2/3 is unequivocally submitted by both Mr. Singh and Mr. Mishra that the Associations of Advocates at Madhepura could not take any resolution directing all the learned Advocates of the Association not to represent the petitioner herein. Such direction is against the relevant provisions of the Advocates Act as well as basic ethics of the learned Advocates. However, such resolution was taken impulsively due to the reason that one of the members of the association was allegedly brutally assaulted by the petitioner and his men and agents.

3. The President and General Secretary, Zila Nyay Mitra Sangh, Madhepura and the Secretary of the Bar Association, Madhepura have prayed for mercy for the impulsive wrong in the nature of inadvertence committed by them.

4. Since, the learned Advocates, who are the part and parcel of the judicial system have understood their inadvertence or mistake, this Court does not want to any coercive steps against the above-named learned Advocates and they are honorably released.

5. It is submitted by the learned Advocate for the petitioner that Madhepura P.S. Case No.396, 399, 250, 511 and 5008 of 2025 dated 26.03.2025 filed against the present

Patna High Court CR. MISC. No.38166 of 2025(4) dt.25-07-2025 3/3 petitioner by the opposite party may also be transferred on the same region of non getting any legal assistance in Madhepura Civil Court.

6. I have heard the learned Advocate for the petitioners and I have also heard Mr. Singh and Mr. Mishra, the learned Counsels for the Office Bearers of the Associations.

7. Having heard the learned Counsels, this Court is of the view that the above mentioned F.I.R. Case should also be transferred to the Court of the learned Chief Judicial Magistrate Saharsa from the Court of the learned Chief Judicial Magistrate, Madhepura for enquiry, trial and disposal, on the same ground as stated in the order dated 11.07.2025.

8. With the above order, the instant Cr. Misc. Case No.38166 of 2025 is disposed of.

(Bibek Chaudhuri, J) mdrashid/- U T