Created by Fuzzy Cloud

Patna High Court

Sampat Kumar @ Vikki @ BikkyversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The application for quashing the discharge order is dismissed as infructuous because charges have already been framed.

Summary

The petitioners, including Sampat Kumar and others, filed an application before the Patna High Court seeking to quash a discharge order dated 13‑11‑2024 issued by the Additional Sessions Judge‑XVII, Bhagalpur in S.T. Case No. 405 of 2024. The case involved offences under Sections 341, 323, 307, 379, 504 and 34 of the Indian Penal Code. The petitioners argued that the discharge order should be set aside. The Court observed that the charges had already been framed in the trial court, indicating that the proceedings had moved beyond the stage where a discharge order could be challenged. Consequently, the Court held that the application had become infructuous. The application was therefore dismissed.

Issues considered

  • Whether an application for quashing a discharge order is maintainable after charges have been framed
  • Whether the application is infructuous in view of the stage of the proceedings

Legislation cited

Subjects

  • quash of discharge order
  • charges framed
  • infructuous application
  • Indian Penal Code
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2484 of 2025
                    Arising Out of PS. Case No.-73 Year-2019 Thana- INDUSTRIAL District- Bhagalpur
                 ======================================================
           1.     Sampat Kumar @ Vikki @ Bikky Son of Late Shankar Prasad Singh
                  Resident of Village- Bahadurpur, PS- Zero Mile, District- Bhagalpur
           2.    Shiv Kumar @ City Son of Late Shankar Prasad Singh Resident of Village-
                 Bahadurpur, PS- Zero Mile, District- Bhagalpur
           3.    Rahul Kumar Son of Sanjeev Kumar Resident of Village- Koriyama, PS-
                 Janipur, District- Patna
           4.    Kashinath @ Kashinath Ram Son of Dalbadar Ram Resident of Village-
                 Rani Talav, Asstt. Professor Bhagalpur Engineering College, P.S.- Industrial
                 Area, Distt.- Bhagalpur

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Mukesh Kumar Son of Suresh Prasad Singh Resident of Bahadurpur, P.S.-
                 Industrial Area, Distt.- Bhagalpur (Bihar)

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Kamal Kishore Sinha, Advocate
                 For the Opposite Party/s :       Mr. Choubey Jawahar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

4   05-01-2026              Heard Mr. Kamal Kishore Sinha, learned counsel for the

                   petitioners and Mr. Choubey Jawahar, learned counsel for the

                   State.

                            2. The present application has been filed for quashing of

                   the discharge order dated 13.11.2024 passed by learned

                   Additional Sessions Judge-XVII, Bhagalpur in S.T. Case No.

                   405 of 2024 arising out of Industrial Area PS Case No. 73 of

                   2019 registered for the offences under Sections 341, 323, 307,
           Patna High Court CR. MISC. No.2484 of 2025(4) dt.05-01-2026
                                                       2/2




                     379, 504 & 34 of the Indian Penal Code.

                             3. Learned counsel for the petitioner has very fairly

                     submitted that charges have been framed in the Court below and

                     as such, the stage of the case has been changed.

                             4. In these circumstances, this application is dismissed as

                     having become infructuous.


                                                               (Rudra Prakash Mishra, J)

Raj Kishore/-
U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.