Patna High Court
Bhola ChaudharyversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The case is disposed of as infructuous.
Summary
Bhola Chaudhary filed a petition before the Patna High Court challenging the order of the ACJM‑XI, Saran, dated 23‑05‑2018 in case No. 47 of 2015. The trial court later reported that the petitioner had been discharged under Section 239 of the Code of Criminal Procedure. The petitioner argued that, since he was already discharged, the proceedings had become infructuous and should be terminated. The State of Bihar raised no objection to the petitioner's prayer. The High Court, after hearing counsel, held that the matter was indeed infructuous and ordered the case to be disposed of.
Issues considered
- Whether the criminal proceeding can be disposed of as infructuous after the petitioner’s discharge under Section 239 CrPC?
Legislation cited
- Criminal Procedure Code — s. 239
Subjects
- Criminal Procedure
- Section 239
- Discharge
- Infructuous proceeding
- Petition disposal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66739 of 2018
Arising Out of PS. Case No.-47 Year-2015 Thana- AWTARNAGAR District- Saran
======================================================
Bhola Chaudhary S/o Rajeshwar Chaudhary, R/o Village and P.O. Birna
Lakhan Sen, P.S.- Mahua, District- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anjani Parashar, Advocate
For the Opposite Party/s : Mr. Rajesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 05-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. This petition has been filed against the order dated
23.05.2018 passed by learned ACJM-XI, Saran at Chapra in
Awtar Nagar P.S. Case No. 47 of 2015.
3. Vide order dated 02.04.2026, a report regarding
present status of case was called for and the same was sent vide
Letter No. 75/2026 dated 07.04.2026 by the learned Trial Court.
As per the said report of the learned Trial Court, it is stated that
petitioner was discharged under Section 239 of the Code of
Criminal Procedure.
4. Learned counsel for the petitioner submits that this
case may be disposed of as it has become infructuous.
5. Learned A.P.P. for the State has no objection to this
Patna High Court CR. MISC. No.66739 of 2018(3) dt.05-05-2026
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prayer of the petitioner.
6. In view of the above, this case stands disposed of as
it has become infructuous.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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