Patna High Court

Radhe Shyam Roy @ Radhey Shyam RoyversusThe State Of Bihar

Decided: 16 March 2026
Disposal: DISPOSED
Bench: SUNIL DUTTA MISHRA

Holding

The petition under Section 482 Cr.P.C. is allowed, granting the petitioner liberty to approach the trial court.

Summary

The petitioner, Radhe Shyam Roy, filed a discharge petition in the Judicial Magistrate Court which was rejected. He then filed a petition under Section 482 of the Criminal Procedure Code seeking to quash that order. The State of Bihar did not oppose the petitioner's request for liberty to approach the trial court. The Patna High Court, after hearing counsel, disposed of the petition granting the petitioner liberty to raise the points before the trial court at the appropriate stage. No substantive merits of the original charge were addressed, and the order of the magistrate was effectively set aside for further consideration.

Issues considered

Whether the order of the Judicial Magistrate rejecting the discharge petition can be quashed under Section 482 Cr.P.C.
Whether the petitioner should be granted liberty to approach the trial court with the raised points.

Legislation cited

Code of Criminal Procedure, 1973 — s. 482

Subjects

Criminal Procedure
Section 482
Quash Order
Discharge Petition
High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.58413 of 2018
                  Arising Out of PS. Case No.-23 Year-2007 Thana- ANDHRATHARHI District- Madhubani
                 ======================================================
                 Radhe Shyam Roy @ Radhey Shyam Roy Son of Late Turant Lal Roy,
                 Resident of Village- Shiva, Police Station- Andhrathadhi, District-
                 Madhubani.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State Of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pramod Mishra, Advocate
                 For the Opposite Party/s :       Mr. Dr. Ajeet Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   16-03-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The present petition has been filed under Section

                   482 Cr.P.C. for quashing the order dated 17.07.2018 passed by

                   the    learned      Judicial    Magistrate     1st   Class,     Jhanjharpur,

                   Madhubani in T.R. No. 1525 of 2016, arising out of

                   Andhrathadhi P.S. Case No. 23 of 2007 (G.R. No. 130 of 2007)

                   by which discharge petition filed by the petitioner was rejected.

                                3. Learned counsel for the petitioner submits that this

                   case may be disposed of with liberty to take all the points raised

                   in the petition before the Trial Court at the appropriate stage.

                                4. Learned A.P.P. for the State has no objection to this

                   prayer of the petitioner.
              Patna High Court CR. MISC. No.58413 of 2018(2) dt.16-03-2026
                                                          2/2




                                     5. Accordingly, the present case is disposed of with

                        liberty to the petitioner, as prayed for.



                                                (Sunil Dutta Mishra, J)
rakhi/-

U         T

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