IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.277 of 2025 Arising Out of PS. Case No.-243 Year-2022 Thana- Excise P.S. District- Kishanganj ====================================================== 1. David Bara @ David Ritesh Bara @David Son of Lorensh Bara village- Kokar Chowk PS -Sadar District -Ranchi Jharkhand 2. Patrick Tigga Son of Late Juail Tigga village- Bichna, Ps- Murhu, Dist- Khunti Jharkhand 3. John Mini Son of Peter Kalaver Mini village- Kedey, Ps- Chainpur, Dist- gumala 4. Pradeep Kumar Tirki Son of Albert Tirki village- Hatia, Ps- Jagnathpur, Dist- Ranchi Jharkhand 5. Charles Khalko son of Ignus Khalkho village- Hesag hatia, Ps- Jagnathpur, Dist- Ranchi 6. Remish Tigga son of Barnabas Tigga village- Bansgada, Ps- Marafari, Dist- bokaro ... ... Petitioner/s Versus 1. The State of Bihar through its Home Secretary Govt. of Bihar, Patna bihar 2. The Superintendent of Police Kishanganj bihar 3. Md. Tahir Hasan, Inspector Officer in-charge Madhya Nishedh Utpad Thana Kishanganj bihar 4. Ranjeet Kumar Sah, ASI Utpad Thana, Kishanganj Bihar 5. BHG 392547 Subhash Kumar Sah, Utpad thana, Kishanganj bihar 6. BHG 392487, Rajeeta Kumari, Utpad Thana, Kishanganj bihar 7. Shambhu Kumar Yadav, ASI, I.O. Utpad Thana Kishanganj bihar 8. The Superintendent of Police, Bokaro bihar ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Anima Loisa Topno For the Respondent/s : Mr. Kinkar Kumar, S.C.9 Mrs. Sushmita Mishra, A. C. to S.C.-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 2 21-02-2025 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State. 2. The present writ petition has been filed for Patna High Court CR. WJC No.277 of 2025(2) dt.21-02-2025 2/3 quashing the F.I.R of Kishanganj Excise P.S. Case No. 243 of 2022 and the entire criminal proceeding. 3. Earlier the petitioners had filed a quashing application vide Cr. Misc. No. 84430 of 2023 in which they prayed for quashing the same F.I.R. 4. The Cr. Misc. No. 84430 of 2023 was dismissed vide order dated 08.10.2024 which is as follows:- “Heard the parties. 2. The petitioners have prayed for quashing of Madya Nishedh P.S. Case NO. 243 of 2022, Special Case No. 1269 of 2022 registered for the offence under Section 30(a) and 32(3) of the Bihar Prohibition and Excise (Amendment) Act, 2018. 3. The petitioners have not prayed for discharge in the Court below and now they wants trial to be quashed when witnesses are being examined. 4. The grounds for quashing is that the witnesses have not supported the prosecution case and there are defects and many holes in the prosecution case. 5. Considering the facts of the case and also considering the fact that trial has progressed, this Court is not inclined to allow the prayer of the petitioners. 6. Accordingly, this application is dismissed.” 5. It has been submitted by the learned counsel for the petitioners that in the trial, two witnesses have been examined. 6. Once the prayer for quashing of the F.I.R. and the entire proceeding was dismissed by this Court vide order dated 08.10.2024 passed in Cr. Misc. No. 84430 of 2023, this Patna High Court CR. WJC No.277 of 2025(2) dt.21-02-2025 3/3 application for quashing is held to be not maintainable. 7. This application is dismissed with a cost of Rupees Fifty Thousand. The petitioners will deposit the same in the Kishanganj District Legal Services Authority (DLSA), Kishanganj. 8. The trial Judge is directed to expedite the trial. Saif/- (Sandeep Kumar, J) U T