Nageshwar Rai @Nageshwar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2478 of 2022 Arising Out of PS. Case No.-91 Year-2020 Thana- SAHIYARA District- Sitamarhi ====================================================== 1.

NAGESHWAR RAI @NAGESHWAR YADAV Son of Late Yogeshwar Rai Resident of Village - Saidpur Hajirpur, P.s.- Sahiyara, Distt.- Sitamarhi. 2.

Hari Narayan Yadav Son of Late Ramdev Yadav Resident of Village - Saidpur Hajirpur, P.s.- Sahiyara, Distt.- Sitamarhi. 3.

Ram Pratap Kapad Son of late Pradesh Kapad Resident of Village - Patania Tola kot, P.s.- Riga, Distt.- Sitamarhi.

4.

Nandlal Yadav @ Nandlal Rai Son of late Ram Sewak Yadav Resident of Village - Patania Tola kot, P.s.- Riga, Distt.- Sitamarhi. 5.

Bishambhar Sah @ Bishambhar Kumar Son of Late Ramekbal Sah Resident of Village - Kishanpur, P.s.- Bathnaha, Distt.- Sitamarhi. 6.

Pawan Kumar Son of Late Remekbal Sah Resident of Village - Kishanpur, P.s.- Bathnaha, Distt.- Sitamarhi.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ganesh Kumar Singh Son of Late Sukhdeo Singh Resident of Village - Patania Tola kot, P.s.- Riga, Distt.- Sitamarhi. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Dhari Singh For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-02-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. This petition has been filed for quashing the order dated 26.11.2021 passed by learned Sessions Judge, Sitamarhi in Criminal Revision No. 41 of 2021 whereby the learned Sessions Judge dismissed the criminal revision and did not interfere in the order dated 19.07.2021 passed by learned J.M.

Patna High Court CR. MISC. No.2478 of 2022(2) dt.15-02-2024 2/2 1st Class, Sitamarhi in Sahiyara P.S. Case No. 91 of 2020, G.R. No. 2803 of 2020 whereby the learned Magistrate, differing with the police report, has taken cognizance.

3. Considering the fact that this is second revision petition in the garb of application filed under Section 482 of the Code of Criminal Procedure and no apparent illegality or irregularity could be pointed out in either of the aforesaid two orders and as such, I am not inclined to interfere in the matter.

4. This petition is, accordingly, dismissed.

(Prabhat Kumar Singh, J) anay/- U T