Abhishek Kumar v. The State Of Bihar Through The Additional Chief Secretary, Department Of Home, Government Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1195 of 2024 Arising Out of PS. Case No.-437 Year-2018 Thana- BIHIA District- Bhojpur ====================================================== Abhishek Kumar Son of Ram Ayodhya Ram R/O Village- Lakhanpura, PostKakila, P.S.- Jagdishpur, Dist.- Bhojpur At Ara, Pin-802158 ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Additional Chief Secretary, Department of Home, Government of Bihar BIHAR 2.

The Director General of Police, Bihar, Sardar Patel Bhawan, Nehru Path, Patna Bihar 3.

The Inspector General of Police, Patna Zone, Patna Bihar 4.

The Superintendent of Police, Bhojpur at Ara Bihar 5.

The Sub-Divisional Police Officer, Jagdishpur, Bhojpur Bihar 6.

The Station House Officer, Bihiya Police Station, Bhojpur Bihar 7.

The Investigating Officer, Bihiya P.S. Case no. 437 of 2018, Bihiya Police Station Bhojpur, Bihar 8.

Binod Kumar Singh Son of Sri Uday Singh R/O Vill.- Ganj, P.O.- Osai, P.S.- Bihiya, Dist.- Bhojpur at Ara- 802152 ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jeetendra Narayan For the Respondent/s :

G.A.7 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 05-05-2025 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present case has been filed on behalf of the petitioner for quashing the F.I.R. being Bihiya P.S. Case No.437 of 2018, dated 05.11.2018 corresponding to G.R. No.4972 of 2018 registered under Section 420, 406, 467, 468, 471 and 34 of the Indian Penal Code in view of the Apex Court verdict passed in a case of Sarad Kumar Singh Vs. Sangita Rana (2015) SCC

Patna High Court CR. WJC No.1195 of 2024(2) dt.05-05-2025 2/2 781, Shiv Kumar Jatia Vs. State (NCT of Delhi) reported in (2019) 17 SCC 193 and (2020) 3 SCC 240. The said case is pending in the Court of Additional Chief Judicial MagistrateVth, Bhojpur at Ara.

3. After some arguments, the learned counsel for the petitioner prays for withdrawing the writ application with liberty to approach the Superintendent of Police, Bhojpur at Ara with his defence. If the Superintendent of Police, Bhojpur at Ara finds substance in the representation of the petitioner he can get the case properly investigated.

4. With the aforesaid observations, this writ application stands disposed of.

5. It is made clear that the Court has not applied its mind to the facts of the case.

6. Let a copy of the order be sent to the Superintendent of Police, Bhojpur at Ara forthwith through FAX for its compliance forthwith.

(Sandeep Kumar, J) shikha/- U T