Dinesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53516 of 2022 Arising Out of PS. Case No.-363 Year-2018 Thana- NAUBATPUR District- Patna ====================================================== 1.

DINESH YADAV Son of Ramdeo Yadav Resident of village - Bala Thakur, P.S.- Naubatpur, Dist.- Patna 2.

Nanda Lal Yadav Son of Ramdeo Yadav Resident of village - Bala Thakur, P.S.- Naubatpur, Dist.- Patna 3.

Bhushan Yadav Son of Jgadish Yadav Resident of village - Bala Thakur, P.S.- Naubatpur, Dist.- Patna 4.

Tun Tun Yadav Son of Jagdish Yadav Resident of village - Bala Thakur, P.S.- Naubatpur, Dist.- Patna 5.

Subodh Yadav Son of Jagdish Yadav Resident of village - Bala Thakur, P.S.- Naubatpur, Dist.- Patna 6.

Sudhir Yadav Son of Jagdish Yadav Resident of village - Bala Thakur, P.S.- Naubatpur, Dist.- Patna 7.

Dhakwa Yadav @ Dhakawan Yadav @ Shashi Shekhar Yadav Son of Nand Lal Yadav Resident of village - Bala Thakur, P.S.- Naubatpur, Dist.- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kamlesh Kumar Son of Late Subansh Yadav R/o village - Balathakur, P.S.- Naubatpur, Dist.- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binod Kumar Singh, Advocate Mr.Alka Singh, Advocate For the State :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 14-07-2025 Heard learned counsel for the petitioners and learned counsel for the State.

2. The present application has been filed for quashing the order dated 08.02.2021 passed in Naubatpur Case No.- 363 of 2018, G.R. No. 2575/2018 by the learned A.C.J.M-II, Danapur by which cognizance has been taken against the

Patna High Court CR. MISC. No.53516 of 2022(2) dt.14-07-2025 2/2 petitioners for the offences under Section 147, 148, 149, 323, 504, 307 of the Indian Penal Code, 1860.

3. Mr. Binod Kumar Singh, learned counsel appearing for the petitioners has very fairly submitted that the discharge application of the petitioners are pending in the Court below.

4. In these circumstances, this application is disposed of with a direction to the Court below to consider the discharge application of the petitioners in accordance with law and in light of the judgment of the Hon'ble Supreme Court in the case of Kanchan Kumar Vs. State of Bihar reported in (2022) 9 SCC 577.

(Sandeep Kumar, J) P. Kumar U T