IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.70878 of 2024 Arising Out of PS. Case No.-95 Year-2012 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== 1. Shaligram Yadav @ Shailendra Yadav S/O Sri Butu Yadav R/O Village- Ijmail Balwa Par, P.S- Tekari, Distt.- Gaya. 2. Mundrika Yadav @ Dara Singh @ Dara S/O Narayan Yadav R/O Village- Ismailpur P.S- Tekari, Distt.- Gaya. 3. Binesh Kumar @ Banti Yadav @ Vinesh Kumar @ Banti S/O Sri Narayan Yadav R/O Village- Ijmail Balwa Par, P.S- Tekari, Distt.- Gaya. ... ... Petitioner/s Versus 1. The State of Bihar 2. Sri Shatrunjay Kumar, Sub Inspector, Excise, Tekari Cum Imamganj Anchal, Gaya, Dist.- Gaya. Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shailesh Kumar, Advocate For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 2 03-04-2026 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioner has challenged the order dated 15.12.2012 passed by learned Chief Judicial Magistrate, Gaya taking cognizance for the offences punishable under Section 47 (a) and (f) of the Excise Act. 3. Learned counsel for the petitioners has tried to impress this Court that on similar grounds case of co-accused Kamlesh Yadav has been quashed by judgment dated 04.07.2019 passed in Cr. Misc. No. 16413 of 2015 and rests his Patna High Court CR. MISC. No.70878 of 2024(2) dt.03-04-2026 2/2 submission on the same ground. 4. Learned counsel for the State opposed the present application. 5. From perusal of the record it transpires that the order taking cognizance dated 15.12.2012 was challenged before this Court in 2015 in Cr. Misc. No. 16413 of 2015 and subsequently final judgment came to be passed on 04.07.2019, the petitioner for last 12 years did not choose to file any application and the order taking cognizance dated 15.12.2012 was challenged in the year 2024, this Court has no occasion but to dismiss this case on the grounds of latches and delay, the application is devoid of merits and is, accordingly, dismissed. khushbu/- (Praveen Kumar, J) U T