Patna High Court
ANRUDH SINGH @ ANIRUDH SINGH @ ARUN SINGH @ ARUN TIWARIversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The application under Section 482 was disposed of, granting the petitioner liberty to raise his points before the trial court, without quashing the cognizance order.
Summary
The petitioner, Arun Singh, was charged under several IPC sections and the Bihar Prohibition and Excise Act, and bail was granted in July 2018. He filed a criminal miscellaneous application under Section 482 of the Cr.P.C. seeking to quash the order taking cognizance because the investigating officer had not filed a charge‑sheet. The trial court report confirmed that no charge‑sheet had been filed to date. The State’s Additional Public Prosecutor raised no objection to the petitioner's request. The Patna High Court, noting the bail and the absence of a charge‑sheet, disposed of the application and granted the petitioner liberty to raise all points before the trial court at the appropriate stage. Consequently, the order taking cognizance was not quashed but the application was dismissed with liberty to the petitioner.
Issues considered
- Whether the order taking cognizance under Sections 188, 272, 273, 420, 120(B)/34 IPC and Sections 30, 38, 41 of the Bihar Prohibition and Excise Act can be quashed under Section 482 of the Cr.P.C.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30, 38, 41
- Criminal Procedure Code — s. 482
- Indian Penal Code — s. 120(B), 188, 272, 273, 34, 420
Subjects
- Criminal Procedure
- Section 482
- Quash Order
- Bail
- Charge Sheet
- Prohibition Act
- Cognizance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69071 of 2018
Arising Out of PS. Case No.-24 Year-2018 Thana- AWTARNAGAR District- Saran
======================================================
Anrudh Singh @ Anirudh Singh @ Arun Singh @ Arun Tiwari S/o Late
Bashistha Singh, Resident of Village-Piparahia, P.S. Bhagwanpur Hat, Distt.-
Siwan
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anirudh Kumar Sinha, Advocate.
For the Opposite Party/s : Mr. Parmanand Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 30-06-2026 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
23.05.2018 passed by learned Additional Sessions Judge-VI,
Chapra (Saran) in Awtar Nagar P.S. Case No.24 of 2018 by
which cognizance under Sections 188, 272, 273, 420, 120(B)/34
of the I.P.C. and Section 30, 38, 41 of Bihar Prohibition and
Excise Act has been taken against all the accused persons
including the petitioner.
3. As per the report submitted by the learned Trial
Court vide letter No.965 dated 08.05.2026, the petitioner,
namely, Arun Singh @ Anirudh Singh has been granted bail
Patna High Court CR. MISC. No.69071 of 2018(3) dt.30-06-2026
2/2
vide order dated 26.07.2018 passed in Cr. Misc. No.43773 of
2018 and the Investigating Officer of this case has not submitted
the charge-sheet against him till date.
4. 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.
5. Learned APP for the State has no objection to this
prayer of the petitioner.
6. 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/-
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