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2025 DAILYLAW 59533 (PAT)

Dinbandhu Jha v. The State Of Bihar

CR. MISC./63471/2024 · 2025-01-10

Prabhat Kumar Singh

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Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.63471 of 2024 In CRIMINAL MISCELLANEOUS No.7637 of 2023 Arising Out of PS. Case No.-95 Year-2021 Thana- DARBHANGA COMPLAINT CASE District- Darbhanga ====================================================== Dinbandhu Jha Son of Late Sitaram Jha R/O Vill.- Kalyanpur, P.S.- Pandaul, Dist.- Madhubani. At Present R/at Karahari Road Benipur, P.S.- Bahera, Dist.- Darbhanga. ... ... Petitioner Versus 1. The State Of Bihar 2. Lalit Yadav Son of Late Kepal Yadav R/O Vill.- Baturi, P.S.- Pandaul, Dist.- Madhubani. 3. Ram Karan Yadav Son of Ganga Yadav R/O Vill.- Baturi, P.S.- Pandaul, Dist.- Madhubani. 4. Binod Yadav @ Binu Yadav Son of Late Ram Lakhan Yadav R/O Vill.- Kalyanpur, P.S.- Pandaul, Dist.- Madhubani. 5. Lalit Yadav Son of Binod Yadav R/O Vill.- Kalyanpur, P.S.- Pandaul, Dist.- Madhubani. 6. Nitish Yadav Son of Ram Lochan Yadav R/O Vill.- Malpatti, P.S.- Pandaul, Dist.- Madhubani. 7. Kamal Yadav Son of Upendra Yadav R/O Vill.- Kalyanpur, P.S.- Pandaul, Dist.- Madhubani. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Dr. Satyendra Kumar Srivastava, Advocate For the Opposite Party/s : Mr.Anand Kishore Choudhary, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 4 10-01-2025 Heard learned counsel for the parties. 2. This petition has been filed for modifying order dated 26.2.2024, passed in Cr.Mis.No. 7637 of 2023. 3. By the said order, this Court, on the prayer of learned counsel for the petitioner, permitted the petitioner to withdraw quashing petition, granting him liberty to raise all the points, which have been taken in the said petition, before the court below at the time of framing of charge/appropriate stage. 4. It is submitted by learned counsel for the petitioner that the order dated 26.2.2024 is not in consonance with the facts and the stage of the case, as such, on this ground, Patna High Court CR. MISC. No.63471 of 2024(4) dt.10-01-2025 2/2 petitioner seeks modification of the order. 5. Courts typically require a substantial change in circumstances since the original order was issued. If the petitioner fails to demonstrate that such a change has occurred, the court may dismiss the petition. Besides this, in the present case, withdrawal order has been passed on the submission of learned counsel for the petitioner and learned counsel has not shown any new ground for modification of the order, this modification petition is, accordingly, dismissed. Shashi (Prabhat Kumar Singh, J) U T