Biko Yadav v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21368 of 2014 Arising Out of PS.Case No. -65 Year- 2008 Thana -BITHAN BAZAR District- SAMASTIPUR ====================================================== Biko Yadav son of Late Ram Sudhari Yadav @ Sudhari Yadav Resident of Village- Larjha, P.S- Bithan, District- Samastipur. .... .... Petitioner/s

Versus

1. The State of Bihar null null

2. Mohan Yadav Son of Late Jago Yadav resident of Village- Larjha,P.SBithan, District- Samastipur. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Mishra, Advocate For the Opposite Party/s : Mr. Ajay Kr.Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 19-07-2017 Heard learned counsel for the petitioner, state and opposite party no. 2.

On the written complaint of opposite party no. 2, the FIR was registered under Sections 147, 148, 149, 341, 323 and 302 and 379 of the Indian Penal Code against five accused persons. Petitioner was named in the F.I.R. After investigation police has submitted chargesheet against four named accused persons but Biko Yadav (petitioner) was not sent up for trial as sufficient material was not found by police during investigation against him. However, the court below has taken cognizance against the petitioner on the basis of FIR and case diary and found sufficient material against petitioner. Summons was issued against

Patna High Court Cr.Misc. No.21368 of 2014 (3) dt.19-07-2017 2/2 the petitioner for his appearance and to face the trial. After hearing the parties and on perusal of the order impugned, I do not find any error, irregularity or infirmity in the order requiring any interference by the court under Section 482 of the Code of Criminal Procedure.

Accordingly, the present application stands dismissed.

(S. Kumar, J) sudip/- U T