Patna High Court
RUPENDRA KUMAR @ RUPENDRA KUMAR YADAVversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The application for quashing the order refusing release of the seized articles is dismissed.
Summary
The petitioner, Rupendra Kumar, filed an application seeking to quash the order dated 08‑06‑2018 of the Sessions Judge, Khagaria, which rejected his request for the release of a seized rifle, live cartridges, a mobile phone and cash. The seizure arose from a pending criminal case (Alauli P.S. Case No. 80/2015) in which the petitioner was accused of firing a rifle, though no one was injured. The petitioner argued that the articles should be released pending trial. The High Court examined whether the lower court’s refusal to release the seized items could be set aside at this stage of the proceedings. Considering the facts and the pendency of the trial, the Court declined to order the release of the articles and dismissed the petition, allowing the petitioner to file a fresh application after the trial concludes. The Court directed the lower court to expedite the trial.
Issues considered
- Whether the order refusing release of seized articles can be quashed while the criminal trial is pending
Subjects
- seizure of property
- release of confiscated articles
- pending criminal trial
- quash order
- high court jurisdiction
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25827 of 2019
Arising Out of PS. Case No.-80 Year-2015 Thana- ALOULI District- Khagaria
======================================================
Rupendra Kumar @ Rupendra Kumar Yadav Son Of Triveni Yadav Resident
Of Village And P.S.- Alouli, Distt - Khagaria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Umesh Kumar
For the Opposite Party/s : Mr. Arun Kumar Singh
Mr.
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 03-02-2026 Heard the learned counsel for the petitioner and the
learned counsel for the State.
2. This application has been filed on behalf of the
petitioner for the quashing of the order dated 08.06.2018, passed
in Criminal Revision No. 44/2017 (arising out of Alauli P.S.
Case No. 80/15/ G.R. No. 862/15) by the Court of the learned
Sessions Judge, Khagaria, whereby the prayer for releasing the
315 N.P. bore rifle, 28 live cartridges, a mobile phone, and cash
of Rs. 4660/- in favour of the petitioner has been rejected, after
affirming the order dated 17.05.2017, whereby the learned
A.C.J.M.-I, Khagaria, had denied the release of the aforesaid
articles.
3. The petitioner is accused of firing from his rifle
Patna High Court CR. MISC. No.25827 of 2019(5) dt.03-02-2026
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which did not hit anybody. The trial of the petitioner arising out
of the Alauli P.S. Case No. 80 of 2015 is still pending.
4. Considering the facts and circumstances of the
case, this Court is not inclined to release the articles at this
stage. This application is dismissed with liberty to the petitioner
to file a fresh application in the Court below after the conclusion
of the trial. The Trial Judge will conclude the trial at the earliest
if the petitioner cooperates.
5. Let a copy of this order be communicated to the
Principal District & Sessions Judge, Khagaria through FAX for
its compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U T
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