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Patna High Court
Dev Narayan Prasad vs The State Of Bihar on 11 March, 2026
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36471 of 2022
Arising out of PS. Case No.-734 Year-2008 Thana- SAMASTIPUR District- Samastipur
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Dev Narayan Prasad, Son of Ram Pratap Mahto, R/o- Punjabi Colony, Gali
No.-1, P.S.- Town, District- Samastipur.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rameshwar Prasad Mahto, Son of Ram Pratap Mahto, R/o Village - Chand-
harpur, P.S.- Kalyanpur, District- Samastipur
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Kaushal Kumar, Advocate
For the State : Mr. Shyameshwar Dayal, APP
For the OP No. 2 : Mr. Bijay Bhushan Prasad, Advocate
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CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL JUDGMENT
Date : 11-03-2026
Heard Mr. Kaushal Kumar, learned counsel for the peti-
tioner, Mr. Bijay Bhushan Prasad, learned counsel for the infor-
mant and Mr. Shyameshwar Dayal, learned Additional Public
Prosecutor.
2. Petitioner seeks quashing of the order dated
09.05.2022
passed by learned Sessions Judge, Samastipur in Cr.
Rev. No. 137 of 2022 in connection with 734 of 2008.
3. The prosecution case is that the informant was repre-
senting himself in a civil case before the Court for making neces-
sary pairavi and when his son was standing in premises of the
Court the accused persons used filthy language, assaulted and
snatched gold chain.
Patna High Court CR. MISC. No.36471 of 2022 dt.11-03-2026
4. Learned counsel for the petitioner submits that in the
backdrop of land dispute and pending litigation between the par-
ties, they have filed cases against each other and the title suit is
pending before the Court of Sub-Judge-I, Samastipur bearing Title
Suit No. 104 of 2008. It seems that the petitioner is accused in
Samastipur (Town) P.S. Case No. 734 of 2008 and the petitioner
has filed Samastipur (Town) P.S. Case No. 720 of 2008 against the
informant and others. It appears that both the cases are frivolous in
nature in order to create pressure upon each other in civil dispute.
He further submits that in the interest of the parties both the cases
filed by each other be quashed.
5. Learned counsel for the informant as well as learned
Additional Public Prosecutor also submits that both the cases be
quashed in the interest of justice.
6. Though the prayer here is only for quashing of
Samastipur (Town) P.S. Case No. 734 of 2008 but in the interest of
justice for both the parties, this Court thinks it proper to exercise
power conferred under Section 482 Cr.P.C. corresponding to Sec-
tion 528 BNSS. The entire proceeding of Samastipur (Town) P.S.
Case No. 720 of 2008 as well as Samastipur (Town) P.S. Case No.
734 of 2008 filed by respective parties pending before the con-
cerned Court, Samastipur is quashed and set aside.
Patna High Court CR. MISC. No.36471 of 2022 dt.11-03-2026
7. Accordingly, the present petition is allowed.
(Ansul, J)
Vikash/-
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