Nikesh Kumar @ Nikesh Jha v. The State Of Bihar

Patna High Court Cr.Misc. No.18783 of 2016 (2) dt.02-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18783 of 2016 Arising Out of PS.Case No. -2 Year- 2015 Thana -MANSURCHAK District- BEGUSARAI ====================================================== NIKESH KUMAR @ NIKESH JHA Son of Shri Uday Shankar Jha, Resident of Village - Deeh Tola Tabhka, Police Station - Bibhutipur, District - Samastipur.

.... .... Petitioner/s

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s : Mr. Umanath Mishra, Adv. For the State : Parmeshwar Mehta, APP.

For the Informant : Mr. Niraj Kumar, Adv. Mr. Kaushal Kumar Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 02-08-2016 Heard learned counsel for the petitioner, learned Additional Public Prosecutor as well as learned counsel assisting learned Additional Public Prosecutor.

Gone through the order impugned. Though from perusal of the order impugned, it is evident that learned lower court had perceived, the niceties of the relevant sections attracting discharge/framing of charge but, own perception of the learned lower court is found lacking.

Accordingly, order impugned is set aside. Petition is allowed. Matter is remitted back to the learned lower court to proceed afresh in accordance with law.

(Aditya Kumar Trivedi, J) PN/- U T