Created by Fuzzy Cloud

Patna High Court

Bhola ChaudharyversusThe State Of Bihar

Decided
Disposal
DISPOSED

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

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
                                                        2/2




                      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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.