Anuj Kumar Singh v. The State Of Bihar Through The Home Secretary, Department Of Home Government Of Bihar, Patna And Or

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1739 of 2017 Arising Out of PS. Case No.-160 Year-2017 Thana- BAUNSI District- Banka ====================================================== Anuj Kumar Singh Son of Late Jainandan Prasad Singh, Resident of VillageSabalpur, P.S.- Panjwara, District- Banka. ... ... Petitioner/s

Versus

1.

The State Of Bihar Through The Home Secretary, Department Of Home Government Of Bihar, Patna.

2.

The Home Secretary, Government of Bihar, Patna. 3.

The Director General of Police, Government of Bihar, Patna. 4.

The Inspector General of Police, Bhagalpur Zone, Bhagalpur, Bihar. 5.

The Deputy Inspector General of Police, Bhagalpur Zone, Bhagalpur, Bihar. 6.

The District Magistrate, Banka.

7.

The Superintendent of Police, Banka, District- Banka. 8.

The Sub-divisional Police Officer SDPO, Banka, District- Banka. 9.

The Circle Officer, Bounsi, District- Banka.

10.

The Station House Officer S.H.O., P.S.- Bounsi, District- Banka. 11.

Manoj Kumar Jha, Son of Late Bhola Jha, resident of Village- Jhapaniyan, P.S.- Bounsi, District- Banka.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravindra Kumar Singh For the Respondent/s :

Mr. Md N.H. Khan Sc-I ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 11-04-2023 Heard learned counsel for the parties.

This application is filed for quashing of the First Information Report in connection with Bounsi P.S. Case No. 160 of 2017, G.R. No. 2112 of 2017 dated 16.07.2017 for the offence under Sections 341, 323, 467, 468, 420, 504, 506 and 34 of the Indian Penal Code.

As per prosecution case, informant Manoj Jha,

Patna High Court CR. WJC No.1739 of 2017(5) dt.11-04-2023 2/3 consisting of 1 Acre and 17 decimals was initially in the name of his Ancestral Khatiyani Raiyat namely Bacche Jha and Acche Jha vide Jamabandi No. 57 in the Mouja- Kasba Mandar, Thana No. 383, Old Khata No. 75 and Khesra No. 2488, further the land consisting of 1 Acre and 16 Decimals is in the name of Dhananjay Jha which was initially of his Ancestral Khatiyani Raiyat namely Makhan Jha and Rohit Jha vide Jamabandi No. 57 in the Mouja Kasba Mandar, Thana No. 383 Khata No. 117 and Khesra No. 2489. These lands are in their peaceful possession for which land tax has been paid to the Government of Bihar of the year 2008-2009.

It is further alleged that the petitioner, his brother and one Santosh Kumar Meheriya in conspiracy with each other are trying to make some illegal constructions on his plot and are trying to disturb the peace. The informant further said that his ancestors have not transferred any part of these lands to the accused person. On the basis of said information, Bounsi P.S. Case No. 160 of 2017 has been lodged against the petitioner.

In view of the counter affidavit of the State that there is no offence made out, this application has become infructuous. The State may file the final form and an appropriate

Patna High Court CR. WJC No.1739 of 2017(5) dt.11-04-2023 3/3 order will be passed by the court below in accordance with law. With the aforesaid observation and direction, this application is disposed of.

Rejoinder filed on behalf of the petitioner is taken on record.

(Sandeep Kumar, J) Ranjeet/- U T