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Patna High Court

BINAI KUMAR RAI @ VINAY KUMAR RAI @ GONI RAIversusThe State of Bihar through the Chief Secretary, Bihar Government, Patna, Bihar

Decided
Disposal
DISPOSED
Bench
ANSUL

Holding

The Court held that it could not entertain the petition for quashing on disputed questions of fact at this stage and therefore disposed of the petitions, allowing the issues to be raised at the time of discharge.

Summary

Petitioners Ajeet Kumar Singh and Binai Kumar Rai filed petitions seeking quashing of FIR No. 128 of 2023 registered at Rajpur Police Station for alleged offences under Sections 120(B) and 307 of the IPC and several provisions of the Arms Act. The High Court observed that the petitioners raised disputed questions of fact, which cannot be examined at the interlocutory stage. Consequently, the Court declined to entertain the quash petitions at this juncture. It disposed of both petitions, granting the petitioners liberty to raise the same points when the trial court passes the discharge order. The lower court was directed to pass a speaking and reasoned order in accordance with law.

Issues considered

  • Can an FIR be quashed on the basis of disputed factual allegations at the interlocutory stage?
  • Does the High Court have jurisdiction to entertain a petition for quashing of FIR pending trial?

Legislation cited

Subjects

  • quash FIR
  • criminal conspiracy
  • attempt to murder
  • Arms Act
  • interlocutory jurisdiction
  • high court order

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                CRIMINAL MISCELLANEOUS No.57901 of 2023
           Arising Out of PS. Case No.-128 Year-2023 Thana- RAJPUR District- Buxar
     ======================================================
     Ajeet Kumar Singh @ Ajeet Singh @ Ajit Singh Son Of Maheshwar Singh @
     Maheshwar Nath Singh Yadav Resident Of Village- Sikraul, Ps- Rajpur, Dist-
     Buxar, Bihar

                                                             ... ... Petitioner/s
                                     Versus
1.   The State Of Bihar Through The Chief Secretary, Bihar Government, Patna,
     Bihar Bihar
2.   The Director General Of Police, Patna, Bihar Bihar
3.   The Superintendent Of Police, Dist- Buxar, Bihar Bihar
4.   The Sho. Ps- Rajpur, Dist- Buxar, Bihar Bihar
5.   The I.O. Ps- Rajpur, Dist- Buxar, Bihar Bihar
6.   Sanjay Rai Son Of Late Rup Narayan Rai Resident Of Village- Sikraul, Ps-
     Rajpur, Dist- Buxar, Bihar

                                            ... ... Opposite Party/s
     ======================================================
                                            with
                CRIMINAL MISCELLANEOUS No. 34071 of 2023
           Arising Out of PS. Case No.-128 Year-2023 Thana- RAJPUR District- Buxar
     ======================================================
     Binai Kumar Rai @ Vinay Kumar Rai @ Goni Rai Son of Kameshvar Rai @
     Kameshwar Nath Rai Resident of Village - Sikraul, P.S.- Rajpur, Dist.- Buxar,
     Bihar.

                                                                      ... ... Petitioner/s
                                     Versus
1.   The State of Bihar through the Chief Secretary, Bihar Government, Patna,
     Bihar Bihar
2.   The Director General of Police, Patna, Bihar. Bihar
3.   The Superintendent of Police, Dist.- Buxar. Bihar
4.   The S.H.O., Rajpur, Dist.- Buxar. Bihar
5.   Sanjay Rai Son of Late Rup Narayan Rai Resident of Village - Sikraul, P.S.-
     Rajpur, Dist.- Buxar, Bihar.

                                            ... ... Opposite Party/s
     ======================================================
     Appearance :
     (In CRIMINAL MISCELLANEOUS No. 57901 of 2023)
     For the Petitioner/s     : Mr.Praveen Kumar, Advocate
     For the Opposite Party/s : Mr.Arun Kumar Pandey. APP
     (In CRIMINAL MISCELLANEOUS No. 34071 of 2023)
     For the Petitioner/s     : Mr.Praveen Kumar, Advocate
                          Patna High Court CR. MISC. No.57901 of 2023(6) dt.12-05-2026
                                                      2/2




                  For the Opposite Party/s :       Mr.Uday Pratap Singh, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE ANSUL
                                        ORAL ORDER

6    12-05-2026                  Heard learned counsel for the petitioners and learned

                    Additional Public Prosecutor for the State.

                                 2. Petitioners seek quashing of the FIR of Rajpur P.S.

                    Case No. 128 of 2023 registered for the offences under Sections

                    120(B) and 307 of the IPC and 25(1-B) a/26/35/27 of the Arms

                    Act pending before the learned SDJM, Buxar.

                                 3. Since the petitioners seek quashing on the disputed

                    questions of fact, therefore, the veracity of those allegations

                    cannot be looked into at this stage by this Court.

                                 4. Without going into the merits of the case, both the

                    present petitions are disposed off with liberty to the petitioners

                    to raise all these points at the time of discharge. The Court

                    below is directed to pass speaking and reasoned order in

                    accordance with law.



                                                     (Ansul, J)
Vikash/-

U      T


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