IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1166 of 2008 BISHWANATH DAS @ BISHWANATH PRASAD DAS Versus THE STATE OF BIHAR ----------- 3. 23.7.2008. Heard learned counsel for the petitioner and the State. Petitioner is an accused in Katihar Town P.S. Case No. 289 of 2003 along with one Vijay Kumar Sah registered for the various offences under Sections 414 and 120B of the Penal Code. It is submitted on behalf of the petitioner that the prosecution of Vijay Kumar Sah in the said case has been quashed by this Court under orders dated 14.12.2006 passed in Cr. Misc. No. 40097 of 2004 as contained in Annexure-5 to this application. It is also submitted by the petitioner that there is nothing to distinguish his case from the case of Vijay Kumar Sah but the court below is not granting him the benefit which has been allowed to said Vijay Kumar Sah under orders dated 14.12.2006 as the case of the petitioner for quashing of prosecution was earlier dismissed by this Court under orders dated 1.12.2005 passed in Cr. Misc. No. 37685 of 2004 as contained in Annexure-1 to this application. Having heard counsel for the parties and having perused the orders dated 1.12.2005, Annexure-1 and 14.12.2006, Annexur-5, I deem it appropriate to direct the court of Sub-Divisional judicial Magistrate, Katihar to examine the case of the petitioner in the light of the subsequent orders of this Court dated 14.12.2006 and if there is nothing to distinguish the case of the petitioner with the case of Vijay Kumar Sah then the same benefit which has been allowed to Vijay - 2 - Kumar Sah in connection with Katihar Town P.S. Case No. 289 of 2003 should also be accorded to the petitioner. This application is accordingly, disposed of. Rajesh/ (V.N.Sinha,J.)