Patna High Court

Sujit Kumar JaiswalversusThe State Of Bihar

Decided: 6 July 2026
Disposal: DISPOSED
Bench: SUNIL DUTTA MISHRA

Holding

The application is disposed of as infructuous, and no quashment of the FIR is ordered.

Summary

Sujit Kumar Jaiswal filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash FIR No.130 of 2017 registered at Chapra Town Police Station for an alleged violation of Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner argued that the proceeding had become infructuous and therefore should be dismissed. The State of Bihar, represented by an Additional Public Prosecutor, raised no objection to the prayer. The Hon’ble Justice Sunil Dutta Mishra considered the submissions of both parties. Finding that the matter was indeed infructuous, the Court disposed of the application without ordering any further action. Consequently, the FIR was not quashed but the application was dismissed as moot.

Issues considered

Whether the FIR under Section 30(a) of the Bihar Prohibition and Excise Act can be quashed under Section 482 of the Cr.P.C.
Whether the proceeding has become infructuous warranting dismissal of the application.

Legislation cited

Bihar Prohibition and Excise Act — s. 30(a)
Criminal Procedure Code — s. 482

Subjects

Criminal Procedure
Section 482
Quashment of FIR
Infructuous proceeding
Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.73093 of 2018
                     Arising Out of PS. Case No.-130 Year-2017 Thana- CHAPRA TOWN District- Saran
                 ======================================================
                 Sujit Kumar Jaiswal son of Krishna Kumar Jaiswal, Resident of Village-
                 Salempur Chapra, Police Station- Chapra Town, District- Saran Chapra.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sachida Nand Rai, Advocate.
                 For the Opposite Party/s :       Mr. Shyam Kumar Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                                  ORAL ORDER

3   06-07-2026                   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 F.I.R. bearing

                   Chapra Town Police Station Case No.130 of 2017 registered for

                   the offence under Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                                 3. Learned counsel for the petitioner submits that this

                   case may be disposed of as it has become infructuous.

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

                   prayer of the petitioner.

                                 5. Considering the submissions of learned counsel for
              Patna High Court CR. MISC. No.73093 of 2018(3) dt.06-07-2026
                                                          2/2




                        the parties, the present Cr. Misc. Application stands disposed of

                        having become infructuous.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T

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