IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.49845 of 2019 Arising Out of PS. Case No.-361 Year-2017 Thana- KATEYA District- Gopalganj ======================================================

RAKESH GIRI Son of Late Rajendra Giri Resident of Village - Mafiguriyat, P.O. and P.S.- Kateya, Dist.- Gopalganj.

... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ======================================================

Appearance :

For the Petitioner/s : Mr.Vikas Ratan Bharti, Advocate For the Opposite Party/s : Mr.Jai Narain Thakur, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

2 20-01-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. This application has been preferred by the petitioner for quashing the order dated 08.08.2018 passed by the learned A.C.J.M - XV, Gopalganj, in Kateya P.S Case No. 361 of 2017 by which cognizance has been taken for offence under section 307 read with section 120 (B) of Indian Penal Code and section 27 of Arms Act against the petitioner.

3. The prosecution story in brief is that three F.I.Rs have been registered for the same occurrence. The present F.I.R was lodged upon the written report dated 27.11.2017 of one Satyendra Kumar-informant alleging that on 26.11.2017 at 06.30 PM the informant was sitting at his residence with Ramesh Ram and another, meanwhile one Apache Motorcycle upon which two persons were sitting crossed from the front of the house of the informant several times and the informant found the activity of the motorcyclist to be suspicious therefore he informed the Officer-In-Charge of the police station on mobile about the same. Soon thereafter the motorcyclists fired upon the informant however the informant had a narrow escape and upon hearing the sound of gunshot, various persons came and, in the meantime, police had also arrived and thereafter the miscreants were chased and caught. It has been further alleged that on being caught and interrogated the miscreants disclosed and confessed that the present petitioner and one Mantu Singh came along with the miscreants and had identified the informant to the miscreants and that the miscreants were sent by one Tuna Giri. It was further alleged by the informant that he is of the suspicion that Tuna Giri who is the residence of Gopalganj and the petitioner along with others had conspired to kill the informant.

4. Furthermore, for the same alleged occurrence there are two more FIR instituted and lodged apart from the above- mentioned FIR with respect to the same occurrence i.e. Kateya PS Case No. 360 of 2017 dated 27.11.2017 which was registered by one independent witness namely Kanhaiya Prasad Rai and the same was instituted against unknown persons and Kateya PS Case No. 359 of 2017 giving rise to Trial No. 2082 of 2019 which was instituted by one Kumar Rajanikant SHO, Kateya Police Station for the same set of occurrence.

5. It is the case of the petitioner that his name has appeared on the confessional statement of the accused persons and that due to the informant being on inimical terms with the petitioner and the prevalent local politics the petitioner has been named in this case with false and concocted allegations. Also, as alleged there is no other material to proof the complicity of the petitioner in this case and that the said alleged occurrence has been done by the accused persons at the behest of some criminals who were in conspiracy with them.

6. The learned counsel for the petitioner has submitted that in the aforesaid Kateya PS Case NO. 359 of 2017 cognizance has been taken vide order dated 06.04.2018 by A.C.J.M., XV, Gopalganj and that the petitioner had filed a petition dated 12.06.2019 before the Learned Court below for amalgamation of the cases and hearing them as one case on one date and the same was disposed of vide order dated 13.06.2019 whereby the learned court below has ordered that both the cases