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Patna High CourtCR. MISC./60594/2023dismissed

Nikhil Thakur @ Nikhil Kumar v. The State Of Bihar

2024-07-29Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60594 of 2023 Arising Out of PS. Case No.-491 Year-2021 Thana- KANTI District- Muzaffarpur ====================================================== Nikhil Thakur @ Nikhil Kumar S/O Prem Kumar Thakur village- Ghosaut Ps- Siwaipatti Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kishore Thakur, Advocate For the State :

Mr.Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 29-07-2024 Heard the parties.

2. The present application has been filed for quashing the order dated 20.07.2023 passed by the Special Judge, Excise Court No. II, Muzaffarpur in connection with Kanti P.S. Case No. 491/2021 whereby and where under the learned Court below has rejected the application filed by the petitioner under Section 227 Code of Criminal Procedure for discharge.

3. If there is strong suspicion then charge can be framed. In the present case, the petitioner has been found to be running away from the place of occurrence and has been found to be involved in dealing with illicit liquor.

Patna High Court CR. MISC. No.60594 of 2023(2) dt.29-07-2024 2/2

4. Considering the aforesaid fact and also the law laid down by the Hon'ble Supreme Court in the case of Ram Prakash Chadha Vs State of U.P reported in 2024 SCC OnLine SC 1709, this application is dismissed. (Sandeep Kumar, J) P. Kumar U T