Nandlal Prasad And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9784 of 2016 Arising Out of PS. Case No.-53 Year-2015 Thana- BAIRIYA District- West Champaran ====================================================== 1.

Nandlal Prasad Son of Late Lagan Sah, 2.

Dharmendra Kumar, Son of Nandlal Prasad, Both resident of village - Malahi Tola, P.S. - Bairiya, District- West Champaran. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Ritesh Kumar Jaiswal, Son of Upendra Jaiswal, Resident of Village - Pakhnaha Bazar, P.S. - Bairiya, District - West Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Wasi Ahmad Khan, Adv.

For the State :

Mr. J. Upadhyay, PP For the OP No. 2 :

Mr. Ram Kishun Prasad, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-09-2023 The present petition has been filed for quashing the order dated 7.10.2015, passed by the learned Additional Chief Judicial Magistrate, Bettiah, West Champaran, in Trial No. 406 of 2015, arising out of Bairiya P.S. Case No. 53 of 2015, whereby and whereunder cognizance has been taken against the petitioners for the offences under Sections 341, 323, 385 and 504/34 of the Indian Penal Code.

2.

At the outset, the learned counsel for the petitioners seeks liberty on behalf of the petitioners to approach the learned Trial Court and file appropriate discharge petition at the time of framing of charges by the learned Trial Court. Liberty, so

Patna High Court CR. MISC. No.9784 of 2016(3) dt.13-09-2023 2/2 sought, is granted.

3.

The present petition stands disposed off as not pressed. (Mohit Kumar Shah, J) Ajay/- U T