IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.605 of 2009 MUNESHWAR MAHTO @ MUNNA sonof Late Guru Sahai Mahto, resident of village- Aifni, P.S. Ariari, District- Sheikhpura ...Petitioner Versus 1. THE STATE OF BIHAR & 2. Raghubir Mandal son of late Kanchan Mahto, R/o Arma Banshipur, P.S. Kajra, District- Lakhisarai, presently working as Rajasva K.C., Ariari Block, Sheikhpura. … Opposite Parties ----------- For the petitioner : Mr. Anjani Kumar, Advocate For the OP No.2 : None For the State of Bihar : Mr. Jharkhandi Upadhyay, APP ------------- 3/ 28.07.2010 The petitioner seeks quashing of the order dated 3.12.2008 passed by the Chief Judicial Magistrate, Sheikhpura, in Ariari P.S. Case No.122-A of 2004, by which he has taken cognizance for the offence under sections 302, 307/34, 120-B, 212, 386 Indian Penal Code and section 27 of the Arms Act. The case of the prosecution is that three unknown persons shot dead the BDO of Ariari Anchal probably for reasons of contractual dispute. Subsequently three persons namely, Raghubir Mandal, Vijay Mahto and Ashok Kumar Mahto were charge sheeted on 20.12.2004. The investigation continued with regard to the other unknown persons and thereafter a supplementary chargesheet was submitted on 30.11.2008, wherein, two other persons were chargesheeted. The petitioner’s name has been dragged in the third chargesheet dated 30.11.2008 but without any basis. - 2 - The case diary was called for in the case to verify the same and apart from vague suspicion against the petitioner which has no bearing on the case there is no material which would warrant putting the petitioner on trial. In view of such, the order dated 3.12.2008 passed by the Chief Judicial Magistrate, Sheikhpura, in Ariari P.S. Case No.122-A of 2004 is hereby quashed in so far as it relates to the petitioner only. Application stands allowed. JA/- (Anjana Prakash, J.)