Bhuneshwar Kumar @ Bhuneshwar ... vs State Of Bihar And Anr
2023 Latest Caselaw 2112 Patna

        IN THE HIGH COURT OF JUDICATURE AT PATNA
                   CRIMINAL REVISION No.880 of 2017
                                In
               CRIMINAL MISCELLANEOUS No.31497 of 2014
      Arising Out of PS. Case No.-202 Year-2006 Thana- NAGARNAUSA District- Nalanda
   ======================================================

Bhuneshwar Kumar @ Bhuneshwar Yadav @ Bhuneshar Kumar, S/o Ghamandi Yadav @ Singh, R/o Village- Bhudhu Chack, P.S.- Fatuha, District- Patna.

... ... Petitioner/s Versus

1. State Of Bihar

2. Ashok Kumar S/o Late Parmeshwar Prasad, R/o Village- Balgha Naya Bigha, P.O.- Mahanandpur, P.S.- Nagar Nausa, District- Nalanda.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jay Ram Prasad, Adv. For the Respondent/s : Mr. Jagdhar Prasad, App ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 04-05-2023

Heard learned counsel for the petitioner and

learned A.P.P. for the State.

The present criminal revision application has been

filed for setting aside the order dated 09.06.2014 passed by the

learned J. M. 1st Class Hilsa, Nalanda in Nagar Nausa P.S. Case

No. 202 of 2006 (G.R. No.797 of 2006) whereby the prayer for

release of she buffalo with its calf of the petitioner has been

rejected. It was seized by Fatuha Police on 05.10.2006 and

forwarded to Nagar Nausa Police who had given the said she

buffalo with calf to the informant on Zimenama without proper

verification of said she buffalo with calf and without order of

the Court in the year 2006 and since then, the seized she buffalo

with calf have been lying in the house/ custody of the informant Patna High Court CR. REV. No.880 of 2017 dt.04-05-2023

in illegal manner.

Counsel for the petitioner submits that the order of

release of she buffalo with its calf was made in petitioner's

favour but when it has not been executed, then he filed an

application before the Sessions Court and the said Court has

passed a reasoned order on 09.06.2014.

Counsel for the State submits that the petitioner is

neither informant nor accused in this case in which the said she

buffalo with its calf were directed to be released initially.

It transpires to this Court that the petitioner has no

answer of this query that whether he is informant or accused in

the said criminal case lodged for theft of she buffalo with calf.

Basically the petitioner is a stranger who filed an application for

release of she buffalo with calf in his favour and without

application of mind, the Trial Court has demanded a report from

the police in this regard. On the basis of which the petitioner

started requesting that she buffalo with calf should be released

in his favour.

This Court has gone through the order dated

09.06.2014 by which it transpires that on early occasion also,

for release of she buffalo with its calf, the petitioner has filed Cr.

Rev. No. 19 of 2009 before the Sessions Court which was Patna High Court CR. REV. No.880 of 2017 dt.04-05-2023

already been rejected on 17.11.2009. The said decision has not

been challenged by the petitioner anywhere but by the present

criminal revision application, the petitioner has challenged the

order dated 16.05.2014 passed by the learned Judicial

Magistrate- 1st Class Hilsa, Nalanda which was already a subject

matter of Cr. Rev. No. 19 of 2009 and vide order dated

17.11.2009, it was rejected against the petitioner.

In this background, the Court found that there is no

illegality in the said order dated 09.06.2014 and for filing

frivolous petition, the petitioner is directed to pay deposit cost

of Rs.2,000/- before the Patna High Court Legal Services

Authority.

With this observation, the present criminal revision

application stands dismissed.

(Dr. Anshuman, J.) sadique/-

AFR/NAFR CAV DATE Uploading Date Transmission Date