Babin Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38670 of 2017 Arising Out of PS. Case No.-318 Year-2016 Thana- JEHANABAD COMPLAINT CASE District- Jehanabad ====================================================== Babin Kumar Son of Birendra Prasad, Resident of Village-Sherpur, Dih, P.S.- Tharthari, Distt-Nalanda, at Present Nilam Mashirani, Store Ranchi Road, Biharsharif Nalanda.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Niraj Kumar S/o Sri Radhe Raman Gupta, village-Saho Bigha, P.S.-Ghoshi, Distt-Jehanabad.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raj Kishor Prasad, Advocate For the State :

Mr. Jagdhar Prasad, A.P.P.

For the O.P. No.2 :

Mr. Ratnakar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 09-07-2026 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the opposite party no.2.

2. The present Cr. Misc. Application has been filed under Section 482 of Cr.P.C. for quashing the order dated 17.03.2017 passed by learned C.J.M., Jehanabad in Complaint Case No. 318 of 2016.

3. After some argument, learned counsel for the petitioner submits that this case may be disposed of with liberty to the petitioner to take all the points as raised in the petition, before the learned Trial Court at appropriate stage in accordance

Patna High Court CR. MISC. No.38670 of 2017(6) dt.09-07-2026 2/2 with law.

4. Learned APP for the State and learned counsel for the opposite party no.2 have no objection to this prayer of the petitioner.

5. In view of the above, the present Cr. Misc. Application is disposed of with the liberty to the petitioner, as prayed for.

(Sunil Dutta Mishra, J) Utkarsh.k/- U T