Patna High CourtCR. MISC./9801/2016disposed

Bhagwan Prasad @ Bhagwan Das Sahani v. State Of Bihar And ANR

2026-01-08Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9801 of 2016 Arising Out of PS. Case No.- Year-1111 Thana- District- ====================================================== Bhagwan Prasad @ Bhagwan Das Sahani Son of Late Ramdahni Mahto, R/o Mohalla Malahi Pakari, P.S. - Kankarbagh, Patna. ... ... Petitioner/s

Versus

State Of Bihar 2.

Raghuni Mahto, S/o Late Bulkan Mahto, R/o Mohalla Malahi Pakari, P.S. - Kankarbagh, District - Patna.

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

For the Petitioner/s :

Mr. Krishna Pd. Singh, Sr. Advocate Mr .Sanjay Kumar @ Manu, Advocate For the Opposite Party/s :

Mr. Jagdhar Prasad App ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 08-01-2026 Heard Mr. Krishna Pd. Singh, the learned Senior Counsel for the petitioner, the learned counsel for the State and the learned counsel for the O.P. No. 2.

2. The hard copy of the counter affidavit filed on behalf of the O.P. No. 2 is taken on record.

3. This application has been filed for quashing the order dated 04.12.2014 in criminal revision No. 115 of 2000 passed by the Learned Additional District and Session Judge-III, Patna and passed in connection with case No. 1136(M)/ 1981, under section 145 of Cr. P.C. by which the prayer of petitioner was refused without considering the real facts of the instance case. This case is also connected with Case No. 1201(M) of

Patna High Court CR. MISC. No.9801 of 2016(6) dt.08-01-2026 2/2 1976.

4. The dispute between the parties is pending since 1981 before the S.D.M., Sadar, Patna. This appears to be a civil dispute regarding the title over the land in question which cannot be decided by the learned Magistrate. The Title can be decided by the District Court.

5. In these circumstances, this application is disposed of with liberty to either of the parties to move before the District Court for declaration of their right, title and interest. The impugned order passed by the Magistrate under 145 Cr.P.C. and the Revisional Order shall not come in the way of decision of title by the District Court.

6. The Status-quo as on today shall be maintained for eight weeks to enable the parties to file a title suit in District Court along with the Injunction application.

(Sandeep Kumar, J) Shishir/- U