Om Prakash Thakur @ Om Prakash Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66587 of 2021 Arising Out of PS. Case No.-300 Year-2017 Thana- PATNA RAIL P.S. District- Patna ====================================================== OM PRAKASH THAKUR @ OM PRAKASH PRASAD Son of Sri Sheo Narayan Prasad Resident of Village and P.O. - Chetan Kishor, P.S.- Sikandarpur, District - Baliya (U.P.).

... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanchay Srivastava For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 27-03-2025 Heard the learned counsel for the petitioner and learned counsel for the State.

2. This application has been filed on behalf of the petitioner for quashing the order dated 25.02.2019 passed by learned Special Judge, Excise, Patna in Spl. No. 2474 of 2017 arising out of Rail P.S. Case No. 300 of 2017.

3. At the very outset, learned counsel for the petitioner has taken this Court to the order taking cognizance dated 25.02.2019 passed by the Special Judge, Excise, Patna by which the cognizance has been taken.

4. Upon perusal of the impugned order, it appears to have been passed on a printed format without any application of mind by the Special Judge.

Patna High Court CR. MISC. No.66587 of 2021(3) dt.27-03-2025 2/2

5. Learned counsel for the petitioner has relied upon the judgment of this Court passed in Cr. Misc. No. 34891 of 2013 (Nokia Siemens Network Private Limited Vs. The State of Bihar).

6. In view of the above, this application is allowed.

7. Accordingly, the order dated 25.02.2019 passed by learned Special Judge, Excise, Patna in Spl. No. 2474 of 2017 arising out of Rail P.S. Case No. 300 of 2017 is hereby quashed. (Sandeep Kumar, J) Vikas/- U