Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54304 of 2019 Arising Out of PS. Case No.-29 Year-2019 Thana- CHHAURADANO District- East Champaran ====================================================== SANTOSH KUMAR Son of Bhikhari Shah Resident of Village- Jhitkahiya (Ward No.2), P.S.- Aadapur, District- East Champaran . ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar No.1, Adv For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 18-12-2019 Heard learned counsel for the petitioner as well as learned APP.

Learned counsel for the petitioner has submitted that his name came up on the basis of inculpatory extra judicial confessional statement of co-accused, namely, Kanhaiya Lal but from column no. 7 of the formal FIR, it is evident that he has not been made an accused.

Uptil now, there happens to be no change in the aforesaid status but, he is apprehending his arrest. There has been repeated query made by the court whether petitioner has been made an accused or not. Lastly, learned counsel for the petitioner has submitted that he has not been made accused. Consequent thereupon, there would not be maintainability of petition under Section 438 of the CrPC. Accordingly, petition stands dismissed. (Aditya Kumar Trivedi, J) perwez U T