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Patna High CourtCR. MISC./49190/2023dismissed

Kameshwar Paswan v. The State Of Bihar

2023-08-07Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49190 of 2023 Arising Out of PS. Case No.-109 Year-2022 Thana- SIKANDRA District- Jamui ====================================================== Kameshwar Paswan Son Of Late Pyare Paswan R/O Village- Gohar Nagar, Ps- Sikandara, Dist- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anuj Kumar For the Opposite Party/s :

Mr. Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 07-08-2023

1. This is an application for quashing of the order dated 23.11.2022 passed by learned Additional Sessions JudgeIV, Jamui in Sessions Trial No. 524 of 2022 arising out of Sikandra P.S. Cae No. 109 of 2022 instituted for the offences under Sections 341, 323, 302, 504/34 of the I.P.C. and Section 27 of the Arms Act.

2. As per the prosecution case, the petitioner along with other co-accused have assaulted the informant's son namely Dharmveer Yadav and Ranveer Yadav.

3. Learned counsel for the petitioner has vehemently argued the matter and has submitted that no offence under Section 302 is made out against the petitioner.

4. Learned APP for State has vehemently opposes the prayer of the petitioner for quashing the impugned order.

Patna High Court CR. MISC. No.49190 of 2023(2) dt.07-08-2023 2/2

5. Prima-facie, the case for trial is made out.

6. Accordingly, this application is dismissed. (Sandeep Kumar, J) Shishir/- U T