Patna High Court
Ranjit KumarversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition was disposed with liberty to the petitioner to raise the points before the trial court.
Summary
Petitioner Ranjit Kumar filed a petition under Article 226 seeking quashment of an FIR registered under sections 420, 467, 468, 471, 120(B), 34 of the Indian Penal Code and sections 30(a), 38, 41 of the Bihar Prohibition and Excise Act. The petition alleged that the FIR was improper and asked the High Court to allow him to raise all points before the trial court. The State of Bihar and the Economic Offences Unit raised no objection to the prayer. The Court, after hearing counsel, granted the petition and ordered that the case stand disposed, giving the petitioner liberty to approach the trial court with the raised points. No detailed reasoning was recorded, and the order was limited to procedural liberty rather than substantive quashment.
Issues considered
- What is the appropriate jurisdiction and basis for quashing an FIR registered under the listed IPC and Bihar Prohibition and Excise Act provisions?
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 38, 41
- Indian Penal Code — s. 120(B), 34, 420, 467, 468, 471
Subjects
- quashment of FIR
- economic offences
- criminal procedure
- jurisdiction
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66763 of 2018
Arising Out of PS. Case No.-6 Year-2017 Thana- ECONOMIC OFFENCES, BIHAR
District- Patna
======================================================
Ranjit Kumar S/o Binod Ray, R/o Minapur, P.S.- Nagar Vaishali, District-
Vaishali.
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Economice Offence Bihar, Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Dr. Satyendra Kumar Srivastava, Advocate
For the Opposite Party/s : Mr. Khurshid Anwar, APP
Mr. Vijay Anand, Advocate (EOU)
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 05-05-2026 Heard learned counsel for the parties.
2. This petition has been filed for quashing of the
F.I.R. bearing Economic Offences P.S. Case No. 06 of 2017
registered u/s 420, 467, 468, 471, 120(B), 34 of the Indian Penal
Code and Sections 30(a), 38 and 41 of Bihar Prohibition and
Excise Act.
3. After some arguments, 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 this petition,
before the learned Trial Court at appropriate stage in accordance
with law.
4. Learned APP for the State and learned counsel for
Patna High Court CR. MISC. No.66763 of 2018(3) dt.05-05-2026
2/2
the E.O.U. have no objection to this prayer of the petitioner.
5. In view of the above, this case stands disposed of
with liberty to the petitioner, as prayed for.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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