Dismissed¶19

Md. Nasir Ansari v. The State of Bihar

Patna HC18 Mar 2025CR. MISC./5105/2019

Case brief

AI extract

What is this about?

Quashing application dismissed; Sessions-trial (committal-type) order under S.307 IPC upheld. Bahera P.S. Case No. 104/13 (Thana Bahera, District Darbhanga); FIR 26.3.2013, informant Md. Noor Hasan; fifteen accused; IPC ss.147, 149, 341, 323, 324, 325, 307, 373, 504. Orders challenged: S.D.J.M. Benipur order dt. 9.2.2018 in Tr.193/18/ G.R. 107/13, confirmed by Addl. Sessions Judge II, Benipur dt. 15.12.2018 in Cr. Revision No. 17 of 2018. Point left open: whether S.307 IPC lies against all accused - petitioner given liberty to argue in Sessions Court. Decision date 18-03-2025; coram: Sandeep Kumar, J.

What did the court decide?

Liberty to the petitioner to raise before the Sessions Court that Section 307 IPC is not made out against all the accused persons. ¶19

Md. Nasir Ansari Vs The State of Bihar — Patna HC (2025) — LawSathi Research

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 5105 of 2019

¶2

Arising Out of PS. Case No.-104 Year-2013 Thana- BAHERA District- Darbhanga

¶3

======================================================

¶4

Md. Nasir Ansari Late Sukhi Ansari Resident of Village – Pauri, P.S. Bahera, Darbhanga

¶5

... ... Petitioner/s

¶6

Versus

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The State of Bihar Bihar

¶8

... ... Opposite Party/s

¶9

====================================================== Appearance : For the Petitioner/s : Mr.Madhusudan Kumar For the Opposite Party/s : Mr. Shyam Kumar Singh

¶10

======================================================

¶11

CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

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3 18-03-2025

¶13

Heard learned counsel for the petitioner and learned

¶14

counsel for the opposite party No. 2 as well as learned counsel for the State.

¶15

The present application has been filed for quashing the order dated 15.12.2018 passed in Cr. Revision No. 17 of 2018 passed by Additional Sessions Judge, Second, Benipur, Darbhanga whereby order dated 9.2.2018 passed in Tr.193/18/ G.R. 107/13 by the S.D.J.M., Benipur arising out of Bahera P.S. Case No.104/13 was confirmed.

¶16

On 26.3.2013, the informant Md. Noor Hasan had lodged the F.I.R. as Bahera P.S. Case No. 104/13 against fifteen persons under Sections 147, 149,341,323,324,325,307,373 and 504 of the Indian Penal Code stating that they have committed the crime.

¶17

Patna High Court CR. MISC. No. 5105 of 2019(3) dt.18-03-2025 2/2

¶18

Though the Magistrate as well as the Revisional Court have held that the case has to be tried by a Sessions Court as the offence under Section 307 of the Indian Penal Code is made out, the learned counsel for the petitioner has tried to assail the impugned orders but has not been able to make out a case. He further submits that if Section 307 of the Indian Penal Code is made out even then it is made out against some accused persons and not against all the accused persons.

¶19

I am not inclined to interfere in the impugned order of the Magistrate as well as the revisional order, this application is dismissed.

¶20

However, the petitioner is given liberty to raise the point in the Sessions Court that Section 307 of the Indian Penal Code is not made out against all the accused persons.

¶21

(Sandeep Kumar, J)

¶22

Saif/-

¶23

U T

Md. Nasir Ansari v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Md. Nasir Ansari v. The State of Bihar

Case brief

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