IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33323 of 2011
Mahanth Vikram Das
Versus
The State Of Bihar
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2 24.10.2011 Heard learned counsel for the petitioner.
State is non-represented.
It has been submitted on behalf of the petitioner that
from the first information report it is evident that none had
sustained gun shot injury alleged to have shot at by the petitioner
and so subsequent order passed by the learned Chief Judicial
magistrate whereby and where-under cognizance has been taken
under section 302 along with other sections of the Penal Code
prima facie appears to be on account of non-application of
judicious mind.
Accordingly, the State is directed to file counter
affidavit within four weeks. Side by side case diary of Paharpur
P.S. Case No. 171 of 2009 be also called for from the court of
Chief Judicial Magistrate, Motihar.
During the intervening period, further proceeding
pending in the court of Chief Judicial Magistrate, Motihari will
remain stayed in the above noted case as against the petitioner.
(Aditya Kumar Trivedi, J)
M.Rahman