Patna High Court

Gopal Yadav @ Gopaljee YadavversusThe State Of Bihar

Decided: 2 July 2026
Disposal: DISPOSED
Bench: SUNIL DUTTA MISHRA

Holding

The petition was disposed of, granting the petitioner liberty to raise all points before the trial court, without quashing the magistrate's order.

Summary

Gopal Yadav was taken into cognizance by the Chief Judicial Magistrate, Siwan, for alleged offences under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act. He filed a petition under Section 482 of the Criminal Procedure Code seeking to quash the magistrate's order. The petitioner argued that the matter could be dealt with at the appropriate stage before the trial court, and the State raised no objection. The Patna High Court, after hearing both sides, disposed of the petition, granting the petitioner liberty to raise all points before the trial court at the suitable stage. No substantive merits of the criminal charges were decided.

Issues considered

Whether the order of the Chief Judicial Magistrate taking cognizance can be quashed under Section 482 CrPC

Legislation cited

Arms Act — s. 27
Criminal Procedure Code — s. 482
Indian Penal Code — s. 302, 34

Subjects

Criminal Procedure
Section 482 CrPC
Quash Order
Cognizance
Murder
Arms Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.70659 of 2018
                       Arising Out of PS. Case No.-357 Year-2017 Thana- BARHARIA District- Siwan
                 ======================================================
                 Gopal Yadav @ Gopaljee Yadav Son of Late Baijnath Yadav, resident of
                 Village- Nainpury, Police Station- Pachrukhi, District- Siwan.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Raghav Prasad, Advocate
                 For the Opposite Party/s :       Mr. Zainul Abedin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   02-07-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The present petition has been filed under Section

                   482 Cr.P.C. for quashing the order dated 10.05.2018 passed by

                   the learned Chief Judicial Magistrate, Siwan in Barharia P.S.

                   Case No. 357 of 2017, Tr. No. 1147 of 2018 by which

                   cognizance was taken against the petitioner for the offences

                   under Section 302/34 I.P.C. and Section 27 of Arms Act.

                                3. Learned counsel for the petitioner submits that this

                   case may be disposed of with liberty to the petitioner to take all

                   the points raised in the petition before the learned Trial Court at

                   the appropriate stage.

                                4. Learned A.P.P. for the State has no objection to this

                   prayer of the petitioner.
              Patna High Court CR. MISC. No.70659 of 2018(3) dt.02-07-2026
                                                          2/2




                                     5. Accordingly, the present case is disposed of with

                        liberty to the petitioner, as prayed for.



                                                (Sunil Dutta Mishra, J)
rakhi/-

U         T

Continue reading with your account

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.