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2011 Supreme(Pat) 154

RAKESH KUMAR
Chhotan Prasad, Son Of Nawab Singh – Appellant
Versus
State Of Bihar – Respondent


JUDGEMENT

Rakesh Kumar, J.

1. Seven Petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of an order dated, 12th August, 1999 passed in Trial No. 189 of 1999, G.R. No. 109 of 1991 (arising out of Ekangarsarai P.S. Case No. 30 of 1991). By the said order, learned Magistrate, while allowing the discharge petition of two Accused persons, who were earlier summoned, has found that a prima facie case under Section 302/34 of the Indian Penal Code was made out against all the Petitioner and directed for issuance of non bailable warrant of arrest against the Petitioners.

2. Short fact of the case is that on 1st February, 1991, on the basis of written report, submitted by one Binod Kumar Singh, an FIR vide Ekangarsarai P.S. Case No. 30 of 1991 was registered under Section 302/34 of the Indian Penal Code against ten un-known Accused persons. However, the Informant had suspected the involvement of ten Accused persons including seven Petitioners. It was disclosed by the Informant that on 1st February, 1991, while he returned from Patna to his village in morning, he was informed that his son Aditya Kumar aged









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