Surendra Singh And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31487 of 2013 Arising Out of PS.Case No. -77 Year- 2012 Thana -BRAHMPUR District- BUXAR ======================================================
1. Surendra Singh
2. Mahendra Singh
3. Rajendra Singh, all 1 to 3 are sons of Hira Nand Singh
4. Ram Pravesh Singh @ Bhimal Singh, S/o late Ram Sagar Singh
5. Rajesh Singh S/o Ram Pravesh Singh @ Bhimal Singh All Resident of village - Dhubki, P.S. Krishna Brahm, District Buxar. .... .... Petitioners
Versus
1. The State of Bihar
2. Jai Ram Singh S/o Late Raj Nath Singh, R/o Village Dhubki, P.S. Krishna Brahm, District - Buxar.
.... .... Opposite Parties ====================================================== Appearance :
For the Petitioner/s : Mr. Binod Kumar Singh For the Opposite Party/s : Mr. Ajay Kr. Jha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 06-05-2016 Heard learned counsel for petitioners and Sri Ajay Kumar Jha, learned Addl. Public Prosecutor.
Five petitioners have approached this Court invoking its inherent jurisdiction under Section 482 of the Cr.P.C., with a prayer to quash order dated 17-04-2013 and 23-05-2013 passed by learned Adhoc Addl. District & Sessions Judge IV, Buxar in Sessions Trial No. 277 of 2012 (arising out of Brahampur P.S. Case No. 77 of 2012). By the said order, learned Sessions Judge has rejected the discharge petition filed on behalf of petitioners. Learned counsel for petitioners submits that without any material, the petitioners were made accused. He accepts that
Patna High Court Cr.Misc. No.31487 of 2013 (2) dt.06-05-2016 2/2 there is accusation against petitioner no. 3, however; in respect of petitioner no. 1, 2, 4 & 5, only accusation is that they were present at the place of occurrence.
Be that as it may, on perusal of the impugned order and material on record, I do not find any ground to interfere. Dismissed.
(Rakesh Kumar, J.) Anay U T