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2023 Supreme(Pat) 753

RAJEEV RANJAN PRASAD
Bhulai Raut – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Petitioners: Mr. Bimlesh Kumar Pandey.
For the State : Mr. Md. Fahimuddin, APP.
For the O.P. No. 2 : Mr. Anil Kumar.

Rajeev Ranjan Prasad, J. – Heard learned counsel for the petitioners and Mr. Md. Fahimuddin, learned APP for the State.

2. The petitioners in the present case are seeking setting aside of the order dated 16.01.2015 passed by learned C.J.M., Bettiah, West Champaran in connection with Majhaulia P.S. Case No. 265 of 2014 whereby and whereunder the learned C.J.M. has taken cognizance for the offences under Sections 147, 148, 341, 323, 417, 379, 420, 465, 468, 120(B) of the Indian Penal Code against all the six accused persons and has ordered to issue summons against the petitioners.

3. As per the prosecution story, the informant Malik Pandey filed a complaint case bearing Complaint Case No. 1256 C of 2014 before the learned C.J.M. Bettiah, West Champaran stating therein that he has acquired land measuring area 08 katha and 13 dhur through sale deed dated 13.04.1977 from Pandit Gaya Pandey. It is alleged that under a conspiracy, the said land was sold by Bhulai Raut (petitioner no. 1) to Manager Yadav (petitioner no. 3) and Gopi Yadav (petitioner no. 2) on 06.11.2013 through two sale deeds. It is further alleged that on 02.07.2014 at about 04:00 P.M. all the accused persons armed with dea

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