Mukesh Agrawal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19322 of 2014 Arising Out of PS.Case No. -236 Year- 2010 Thana -BANKA District- BANKA =========================================================== Mukesh Agrawal, son of Chhedilal Agrawal, resident of Mohalla - Mundichak, P.S. Tilak Majhi, District - Bhagalpur.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s =========================================================== Appearance :
For the Petitioner/s : Mr. Ajay Shankar Raj, Advocate. For the Opposite Party/s : Mr. Md. Nazir Ansari, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL JUDGMENT Date: 11-09-2017 Heard learned counsel for the petitioner and learned counsel for the State.
2. The petitioner seeks quashing of the order dated 10.07.2012 passed by the learned Chief Judicial Magistrate, Banka in Banka P.S.Case No. 236 of 2010 whereby he has taken cognizance under Sections 307, 323 and 384/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. Learned counsel for the petitioner submits that petitioner was neither apprehended at the spot nor he is named in the FIR and there is no material against him.
4. Contrary to that, learned counsel for the State submits that it is a case of demanding liquor as extortion from the liquor shop of the informant and of opening fire arms but out of two miscreants,
Patna High Court Cr.Misc. No.19322 of 2014 dt.11-09-2017 2/2 one was apprehended at the spot, who disclosed his name as Ashish Kumar Yadav and his accomplice as Randhir Kumar Singh and the police, during investigation, found that apprehended accused real name is Kapil Kumar Yadav and his associate name is Mukesh Agrawal, the petitioner.
5. Having considered the rival submissions and on perusal of record, the Court finds that there is enough material in the case diary to show prima facie case against the petitioner, so the present quashing application stands dismissed. (Arun Kumar, J) Sujit/- AFR/NAFR NAFR CAV DATE NA Uploading Date 13.09.2017 Transmission Date 13.09.2017