Baidhnath Mahto @ Baidnath Mahto @ Baidyanath Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46258 of 2024 Arising Out of PS. Case No.-142 Year-2018 Thana- BRAHMPURA District- Muzaffarpur ====================================================== Baidhnath Mahto @ Baidnath Mahto @ Baidyanath Mahto Son Of Late Suraj Mahto Resident Of Mohalla - Laxmi Chowk, P.S. - Brahampura, District - Muzaffarpur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar @ S.K., Adv.

For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 01-08-2024 Heard the parties.

2. Learned counsel for the petitioner submits that the cognizance order is bad as from the materials available on record no offence under Section 308 is made out.

3. This application is disposed of with liberty to the petitioner to raise all the grounds at the stage of framing of charge including the ground that no offence under Section 308 is made out as per the injury sustained by the victim.

4. If such an application is filed the same shall be disposed of by the trial Court in accordance with law and in

Patna High Court CR. MISC. No.46258 of 2024(2) dt.01-08-2024 2/2 accordance with the judgment of the Hon'ble Supreme Court in the case of Kanchan Kumar vs. the State of Bihar reported in (2022) 9 SCC.

(Sandeep Kumar, J) Arish/- U T