Patna High Court

Rabindra Nath PandeyversusThe State Of Bihar

Decided: 22 June 2026
Disposal: DISPOSED
Bench: SUNIL DUTTA MISHRA

Holding

The application is disposed of, granting the petitioner liberty to raise all points before the trial court as prayed.

Summary

Rabindra Nath Pandey filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 11 April 2018 passed by the First Trial Court, Rohtas. He requested liberty to raise all points raised in his petition before the trial court at an appropriate stage. The State of Bihar raised no objection to this prayer. The Patna High Court, after hearing counsel, disposed of the application granting the petitioner the liberty sought. No substantive merits of the underlying criminal case were addressed; the court merely allowed the procedural relief requested.

Issues considered

Whether the High Court should grant the petitioner liberty to raise all points before the trial court under Section 482 Cr.P.C.
Whether the order of the First Trial Court dated 11 April 2018 should be quashed.

Legislation cited

Criminal Procedure Code — s. 482

Subjects

Criminal Procedure
Section 482
Quash Order
High Court
Procedural Relief

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.63488 of 2018
                  Arising Out of PS. Case No.-1227 Year-2015 Thana- SASARAM NAGAR District- Rohtas
                 ======================================================
                 Rabindra Nath Pandey Son of Late Ramkeshwar Pandey, Resident of Village-
                 Maharajganj, Police Station- Tilauthu, District- Rohtas.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Surendra Kumar Choubey, Advocate.
                 For the Opposite Party/s :      Mr. Arun Kumar Singh -5, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   22-06-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The present Cr. Misc. Application has been filed

                   under Section 482 of Cr.P.C. for quashing the order dated

                   11.04.2018 passed by learned F.T.C.-1st, Rohtas, Sasaram in

                   connection with S.Tr. No.115 of 2017 arising out of Sasaram

                   Tilouthu P.S. Case No.1227 of 2015.

                                3. After some argument, learned counsel for the

                   petitioner submits that this case may be disposed of with liberty

                   to the petitioner to take all the points as raised in the petition,

                   before the learned Trial Court at appropriate stage in accordance

                   with law.

                                4. Learned APP for the State has no objection to this

                   prayer of the petitioner.
              Patna High Court CR. MISC. No.63488 of 2018(3) dt.22-06-2026
                                                          2/2




                                     5. In view of the above, the present Cr. Misc.

                        Application is disposed of with the liberty to the petitioner, as

                        prayed for.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T

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