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Patna High CourtCR. MISC./82381/2019disposed

Sunil Kumar Paswan v. The State Of Bihar

2026-01-27Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82381 of 2019 Arising Out of PS. Case No.-36 Year-2017 Thana- SC/ST District- Jamui ====================================================== SUNIL KUMAR PASWAN Son of Late Rameshwar Paswan Resident of Village- Pratappur, P.S.- Jamui, District- Jamui. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Dipak Singh Son of Dukha Singh Resident of Village- Pratappur, P.S.- Jamui, District- Jamui.

3.

Narmdeshwar Singh Son of Late Nandan Prasad Singh Resident of VillagePratappur, P.S.- Jamui, District- Jamui. 4.

Karmvir Singh @ Guddan Singh Son of Late Madanjeet Singh Resident of Village- Pratappur, P.S.- Jamui, District- Jamui. 5.

Amit Kumar Singh @ Bullu Singh son of Late Krishna Prasad Singh @ Laddoo Singh Resident of Village- Pratappur, P.S.- Jamui, District- Jamui. 6.

Prabhakar Singh Son of Bhuvaneshwari Singh Resident of VillagePratappur, P.S.- Jamui, District- Jamui. 7.

Shashi Shekhar Kumar @ Bipin Kumar Singh Son of Bhuvneshwari Prasad Singh Resident of Village- Pratappur, P.S.- Jamui, District- Jamui. 8.

Manoj Kumar Singh Son of Narmdeshwar Singh Resident of VillagePratappur, P.S.- Jamui, District- Jamui. 9.

Randhir Singh @ Fuchan Singh Son of Late Madanjeet Singh Resident of Village- Pratappur, P.S.- Jamui, District- Jamui. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Archit Rajpal, Advocate For the State :

Ms.Usha Kumari 1, APP For the O.P. Nos. 2 to 9 :

Mr.Pankaj Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 27-01-2026 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for O.P. Nos. 2 to 9.

2. The present application has been filed for challenging the order dated 20.08.2019 by which cognizance has been taken only against two accused persons and no

Patna High Court CR. MISC. No.82381 of 2019(3) dt.27-01-2026 2/2 cognizance has been taken against the rest of the accused persons i.e. O.P. Nos. 2 to 9.

3. At the very outset, learned counsel for O.P. Nos. 2 to 9 submits that in this case charges have been framed against two accused persons against whom cognizance was taken.

4. In these circumstances, I am of the view, the order dated 20.08.2019 should not be interfered with at this stage.

5. Hence, this application stands disposed of with liberty to informant to file an application under Section 319 Cr.P.C./ 358 B.N.S.S., if evidence comes during trial against the O.P. Nos. 2 to 9.

6. If such an application is filed, the same shall be considered and disposed of by the concerned Magistrate in accordance with law and he shall not be influenced by the fact that this Court has observed for filing of an application under Section 319 Cr.P.C.

(Sandeep Kumar, J) tusharika/- U T