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Judgment
Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners have challenged the order taking cognizance dated 18.10.2016 passed by learned Additional Chief Judicial Magistrate-XIII, Bhagalpur, in Buddhuchak P.S. Case No. 32 of 2012, for offences punishable under Sections 302, 201 and 34 of the I.P.C.
A report regarding stage of the case was called from the Court below, in compliance of which, a report dated 26.03.2026 has been submitted, perusal thereof goes to show that petitioner No.4 had surrendered in the learned Court below on 07.05.2024 and his case was sent to Juvenile Justice Board, hence this Court cannot entertain the matter with respect to petitioner No.4. So far as petitioner Nos. 1 to 3 are concerned, it transpires from the said report that non bailable warrant against the petitioner Nos. 1 to 3 was issued on 30.05.2018 followed by issuance of process under Section 82 Cr.P.C. and on 24.11.2018 process under Section 83 Cr.P.C. was also executed and the petitioner Nos. 1 to 3 were declared absconder.
Upon query with respect to co-accused persons, learned counsel for the petitioners has submitted that some of the co-accused persons were tried separately and they were convicted in the trial and appeal against the judgment of conviction and order of sentence was preferred and the sentences of co-accused persons were suspended and they have been extended the privilege of bail.
Considering the conduct of the petitioners as well as the offence being under Section 302, 201 and 34 I.P.C., when a prima facie case has been found against the petitioners, this Court is not inclined to interfere in this matter.
Accordingly, this application is dismissed.