Arvind Kumar @ Arvind Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47236 of 2024 Arising Out of PS. Case No.-711 Year-2021 Thana- KHAGARIA District- Khagaria ====================================================== Arvind Kumar @ Arvind Singh Son of Late Ram Sarikh Singh R/O Vill.- Bhatha Dasi, P.o.- Basara, P.S.- Rajapakar, Dist.- Vaishali, 844124 ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Ranjeet Kumar Son of Shiv Nandan Singh R/O Vill. and P.O.- Madhurapur, P.S.- Tepda, Dist.- Begusarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kaushal Kumar Jha, Sr. Advocate Mr.Siddharth Aditya, Advocate For the State :

Mr.Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 23-07-2024 Heard the parties.

2. The present application has been filed for quashing the order dated 20.05.2024 by which the discharge petition of the petitioner has been rejected by the Exclusive Special Excise Court 1st, Khagaria in Khagaria (Mufasil) P.S. Case No. 711 of 2021.

3. Mr. Kaushal Kumar Jha, learned senior counsel for the petitioner has argued the case and has submitted that it is fit case for discharge as the name of the petitioner has come in the confessional statement of co-accused and the petitioner disputes his identity.

4. The Hon'ble Supreme Court in the case of Ram

Patna High Court CR. MISC. No.47236 of 2024(2) dt.23-07-2024 2/2 Prakash Chadha Vs The State of Uttar Pradesh reported in 2024 SCC Online SC 1709, has held that at the stage of framing of charge, the materials produced by the prosecution have to be examined and the defence of the petitioner cannot be looked into.

5. In view of the above, this application is dismissed. (Sandeep Kumar, J) P. Kumar U T