IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS NO.48137 OF 2008 WITH CRIMINAL MISCELLANEOUS NO.45018 OF 2008 *********** 1. UMESH PATEL, SON OF LATE NOKHELAL PATEL 2. JYOTISH PATEL, SON OF KAMLESHWARI PATEL 3. JAWAHAR PATEL @ JAWAHAR SINGH, SON OF KAMLESHWARI PATEL 4. MANOJ KUMAR MISHRA @ MANOJ MISHRA @ MUNNA, SON OF LATE SURENDRA MISHRA 5. PRAKASH MANDAL, SON OF SARYUG MANDAL 6. DEEP NARAYAN MANDAL, SON OF SRI RAMDEO MANDAL @ DEEP NARAYAN 7. SUNIL MISHRA @ SUNIL KUMAR MISHRA, SON OF BISHWANATH MISHRA 8. SANJAY MANDAL, SON OF MAHENDRA MANDAL ALL RESIDENT OF VILLAGE GOGRI, KURMI TOLA AND BRAHMIN TOLA, POLICE STATION GOGRI, DISTRICT KHAGARIA VERSUS THE STATE OF BIHAR *********** 2 14/09/2011 Heard Counsel for the petitioners and the A.P.P. appearing on behalf of the State. These applications have been filed for quashing of the Gogari Police Station Case Nos. 39 of 2007 and 38 of 2007 respectively. Criminal Misc. No. 45018 of 2008 has been filed for quashing of Gogari Police Station Case No. 38 of 2007 on the ground that on similar facts, Gogari Police Station Case No. 39 of 2007 has been instituted. The facts relating to these two cases are that one Umesh Patel had instituted First Information Report against Subodh Yadav and several of his 2 associates, which was numbered as Gogari Police Station Case No. 37 of 2007. The brother of Subodh Yadav was arrested by the Police. After arrest, while the Police Party was taking the arrested persons to the Police Station, a number of supporters of Subodh Yadav gathered in front of the house of Umesh Patel, the informant of Gogari Police Station Case No. 37 of 2007. The supporters of Subodh Yadav tried to free the arrested person. Eight persons have been named in Gogari Police Station Case No. 39 of 2007 instituted by the Assistant Sub-Inspector of Police Nityanand. A separate case was instituted by Nibodh Yadav, brother of Subodh Yadav which is numbered as Gogari Police Station Case No. 39 of 2007 in which he has named 15 persons as being members of the mob who were variously armed. Learned Counsel for the petitioner s submits that since the occurrence is common and relates to freeing the arrested person from the custody of the Police, Gogari Police Station Case No. 38 of 2007 should be quashed as the accused of Gogari Police Station Case Nos. 38 and 39 of 2007 are common. This Court however finds that the informant in all the three cases are different, the main case would be Gogari Police Station Case No. 37 of 2007, which is 3 the genesis of the occurrence which took place later on the same day and for which Gogari Police Station Case Nos. 38 and 39 of 2007 have been instituted. This Court finds that it is not possible to quash the First Information Report of Gogari Police Station Case No. 38 of 2007 as the identification of the accused persons could only be established by the Raiding Police Party who had gone to arrest the accused Subodh Yadav. This Court however observes that all the three cases, i.e. Gogari Police Station Case No. 37, 38 and 39 of 2007 should be heard by the same Court in order to come to a just decision. I may point out that this order could be made applicable if the cases are not taken up and disposed of as yet. These two applications are disposed of with the aforesaid observations. Anand ( Sheema Ali Khan, J.)