Rajendra Jha And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45472 of 2014 Arising Out of PS.Case No. -89 Year- 2012 Thana -TARAPUR District- MUNGER ======================================================

1. Rajendra Jha Son of Late Dinanath Jha

2. Munna Jha @ Birendra Jha Son of Late Dinanath Jha

3. Sikandar Jha @ Sikander Son of Sri Jaylal Jha

4. Subhas Jha Son of Late Mahadeo Jha

5. Amar Jha Son of Late Dinanath Jha All resident of village- Bhagalpura, P.S.- Tarpur, District- Munger .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dilip Kumar Sinha, Adv. For the Opposite Party/s : Mr. Lalan Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-09-2017 Heard Shri Dilip Kumar Sinha, the learned counsel for the petitioners.

The petitioners have challenged the order dated 23.08.2014 passed by the court of learned Chief Judicial Magistrate, Munger, whereby and whereunder cognizance has been taken against the petitioners herein under Section 307 of the Indian Penal Code and 27(i) of the Arms Act, after filing of the charge sheet by the police.

The learned counsel for the petitioners submits that a bare perusal of the FIR, it appears that no case is made out against the petitioners herein.

Patna High Court Cr.Misc. No.45472 of 2014 (2) dt.15-09-2017 2/2 I have perused the material on record and find serious allegation of firing upon the informant and the police has also filed charge sheet finding the case to be true as against the petitioners herein and only thereafter, cognizance has been taken by the learned Chief Judicial Magistrate by order dated 23.08.2014. I do not find any infirmity in the order dated 23.08.2014. Accordingly, the petition is dismissed. (Mohit Kumar Shah, J) BTiwary/- U T