Patna High Court
Chandan Kumar Jha and OrsversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The order rejecting the discharge petition was quashed and the petition was allowed.
Summary
The petitioners, four individuals, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash the order dated 31.07.2018 of the Additional Sessions Judge, Benipur, which had rejected their discharge petition in a criminal case arising from Bahera Police Station. The petition challenged the legality of the lower court's order and asked the High Court to set it aside. Both the petitioners' counsel and the Additional Public Prosecutor for the State raised no objections to the relief sought. The High Court, after hearing the parties, granted the petition and disposed of the matter, allowing the petitioners liberty to take appropriate steps in accordance with law. Consequently, the order rejecting the discharge petition was set aside and the case was closed with liberty to the petitioners.
Issues considered
- Whether the order of the Additional Sessions Judge rejecting the discharge petition can be quashed under Section 482 of the Criminal Procedure Code
Legislation cited
- Criminal Procedure Code — s. 482
Subjects
- Criminal Procedure
- Section 482 CrPC
- Quash Order
- Discharge Petition
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63400 of 2018
Arising Out of PS. Case No.-17 Year-2013 Thana- BAHERA District- Darbhanga
======================================================
1. Chandan Kumar Jha Son of Buchni Jha Resident of Village-Devram, Police
Station-Bahera, Distt.-Darbhanga
2. Shyam Shankar Kumar @ Shyam Shankar Kuwar
3. Shiv Shankar Kumar @ Shiv Shankar Kumr
4. Gauri Shankar Kumar @ Gauri Shankar Kumr Sons of late Shovendra
Kumar @ Shovendra Kumr All Resident of Village- Habibhoyar,Police
Station Bahera, Distt. Darbhanga
... ... Petitioner/s
Versus
1. State Of Bihar
2. Dhireendra Mohan Mishra Son of late Harekant Mishra, Resident of Village-
Devram, Police Station Bahera,Distt.-Darbhanga
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Jha, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 04-05-2026 Heard learned counsel for the petitioners 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 31.07.2018 passed by
the learned Additional Sessions Judge-II, Benipur, Darbhanga in
S.T. No. 332 of 2015, arising out of Bahera P.S. Case No. 17 of
2013 (G.R. No. 18 of 2013) by which discharge petition filed by
the petitioners was rejected.
3. Learned counsel for the petitioners submits that this
case may be disposed of with liberty to the petitioners to take
Patna High Court CR. MISC. No.63400 of 2018(3) dt.04-05-2026
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appropriate steps in accordance with law.
4. Learned A.P.P. for the State has no objection to this
prayer of the petitioners.
5. Accordingly, the present case is disposed of with
liberty to the petitioners, as prayed for.
(Sunil Dutta Mishra, J)
rakhi/-
U T
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