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Patna High Court

Chandan Kumar Jha and OrsversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

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

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
                                                          2/2




                        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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