Patna High CourtCR. MISC./8243/2023disposed

Rajeev Singh @ Rajeev Kumar Ranjan @ Rajeeb Singh @ Rajeeb Kumar Ranjan v. The State Of Bihar

2024-07-01Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8243 of 2023 Arising Out of PS. Case No.-173 Year-2018 Thana- MATIHANI District- Begusarai ====================================================== Rajeev Singh @ Rajeev Kumar Ranjan @ Rajeeb Singh @ Rajeeb Kumar Ranjan Son Of Krishna Deo Singh @ Krishna Kant Singh R/O Muktiyarpur, P.S.- Bhagwanpur, District- Begusarai. At Present Residing Ward No. 13, Behind Alka Cinema, Purvi Kapasya, Nagdah, P.S.- Town, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pritish Kumar Lal For the Opposite Party/s :

Mr. Ashok Kumar Singh For the informant :

Mr. Dhananjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 01-07-2024 This is an application for quashing the order dated 16.11.2022 in Sessions Trial No. 1131 of 2021 arising out of Matihani P.S. Case No. 173 of 2018 registered under Section 302, 120(B) and 34 of the I.P.C. and Section 27 of the Arms Act.

2. Heard the learned counsel for the parties.

3. From reading of the impugned order dated 16.11.2022, it appears that the impugned order is an ex-parte order and the same has been passed without hearing the petitioner.

4. In the interest of justice, the impugned order dated 16.11.2022 passed in Sessions Trial No. 1131 of 2021 arising out of Matihani P.S. Case No. 173 of 2018 is hereby set

Patna High Court CR. MISC. No.8243 of 2023(4) dt.01-07-2024 2/2 aside.

5. The matter is remitted back to the court below for a fresh decision in accordance with law within two months of communication of this order.

6. It is clarified that this Court has not considered the case on merit.

7. Accordingly, this application is disposed of.

8. Let a copy of this order be communicated to the District Judge, Begusarai through FAX for its compliance forthwith.

(Sandeep Kumar, J) Shishir/- U T