Patna High Court
RAGHUVIR SHARAN @ RAGHUBEER SHARANversusTHE STATE OF BIHAR
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court ordered the State to file a counter‑affidavit within eight weeks, directed the petitioners to submit their brief promptly, upheld the interim order, and scheduled the case for a later date.
Summary
Petitioners Raghvir Sharan and Brajendra Kumar Singh filed an application before the Patna High Court against the State of Bihar. The court directed the State’s counsel to file a counter‑affidavit within eight weeks and ordered the petitioners to submit a copy of their brief to the State counsel by the next day, failing which the application would be dismissed. The court also directed the production of an up‑to‑date legible photocopy of the case diary from the lower court. The interim order dated 31‑07‑2023 was ordered to continue, and the matter was listed for hearing after six months. The order is procedural, ensuring compliance with filing requirements before further adjudication.
Issues considered
- Whether the petitioner's application should be dismissed for failure to produce the brief.
- Whether the State is required to file a counter‑affidavit within the stipulated time.
- Whether the interim order dated 31‑07‑2023 should continue pending further compliance.
Subjects
- procedural law
- criminal miscellaneous
- counter affidavit
- interim order
- case diary
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56036 of 2019
Arising Out of PS. Case No.-90 Year-2009 Thana- BARIYARPUR District- Munger
======================================================
1. RAGHUVIR SHARAN @ RAGHUBEER SHARAN Son of Shambhu
Sharan Resident of Mohalla- 985 A Zabra Road, Korrah, P.S.- Hazaribagh,
District- Hazaribagh (Jharkhand).
2. Brajendra Kumar Singh Son of Late Kishun Singh Resident of Mohalla-
Ram Jaipal Path, Bailey Road, P.S.- Rupaspur, District- Patna.
... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Krishna Chandra
For the Opposite Party/s : Mr.Pawan Kumar Chaurasia
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 18-03-2025 Heard learned counsel for the petitioner and learned
APP for the State Shri Jharkhandi Upadhyay.
2. Learned APP for the State is directed to file
counter affidavit in this matter within eight weeks from today.
3. Call for the up-to-date legible photocopy of the
case diary from the concerned Court below in connection with
Bariyarpur P.S. Case No. 90 of 2009.
4. Learned counsel for the petitioner is also directed
to handover a copy of the brief to Mr. Jharkhandi Upadhyay by
tomorrow i.e. 19.03.2025 failing which this application shall
stand dismissed without further reference to the Bench.
Patna High Court CR. MISC. No.56036 of 2019(3) dt.18-03-2025
2/2
5. Till further orders, the interim order dated
31.07.2023 shall continue.
6. List this case after six months.
(Sandeep Kumar, J)
Vikas/-
U
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