Patna High Court

Bhola Kurmi and OrsversusState Of Bihar and Anr

Decided: 14 May 2026
Disposal: DISPOSED
Bench: SUNIL DUTTA MISHRA

Holding

The Court held that the criminal miscellaneous application under Section 482 CrPC is disposed of, granting the petitioners liberty to raise their points before the trial court.

Summary

The petitioners, a group of Kurmi family members, filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 03‑04‑2017 passed by the Additional Chief Judicial Magistrate‑IV, Buxar, which had taken cognizance of offences under Sections 147, 149, 341, 323, 354, 308, 504 and 506 of the Indian Penal Code. The petitioners argued that the matter should be disposed of with liberty to raise all points before the trial court at the appropriate stage. The State of Bihar, represented by an Additional Public Prosecutor, raised no objection to the petitioners’ prayer. Justice Sunil Dutta Mishra, after hearing counsel, disposed of the application, granting the petitioners the liberty they sought to present their points before the trial court. Consequently, the order of the lower court remains in force, but the petitioners may now approach the trial court with their arguments.

Issues considered

Whether the order dated 03‑04‑2017 passed by the ACJM‑IV, Buxar can be quashed under Section 482 of the Criminal Procedure Code
Whether the petitioners should be granted liberty to raise all points before the trial court at the appropriate stage

Legislation cited

Criminal Procedure Code — s. 482
Indian Penal Code — s. 147, 149, 308, 323, 341, 354, 504, 506

Subjects

Section 482 CrPC
quash order
Indian Penal Code
high court order
petitioners liberty
criminal miscellaneous application

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.74655 of 2018
                         Arising Out of PS. Case No.-209 Year-2016 Thana- SIMRI District- Buxar
                 ======================================================
           1.     Bhola Kurmi,
           2.    Prem Chandra Kurmi,
           3.    Gulab Chandra Kurmi @ Gulab Chand, Sr. No. 1 to 3 Sons of Late Kamla
                 Kurmi,
           4.    Ram Kumar Kurmi,
           5.    Vinod Kurmi, Both Sons of Bhola Kumri,
           6.    Saroj Kurmi, Son of Raj Kumar Kurmi,
           7.    Lalu Kurmi, Son of Prem Kumar Kurmi,
           8.    Vidyawati Devi @ Vidyanati Devi @ Vidyanti Devi, Wife of Ram Kumar
                 Kurmi,
           9.    Gyanti Devi, Wife of Vinod Kurmi,
           10. Dulari Devi, Wife of Gulab Chandra Kurmi,
           11. Indu Devi, Wife of Prem Chandra Kurmi, All the above named petitioners
               are resident of Village- Barka Sihanpura, P.S.- Simari, District- Buxar.

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar.
           2.    Nilam Devi, Wife of Tej Narayan Sah, Resident of Village- Barka Sihanpura,
                 P.S.- Simari, District- Buxar.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Rajeev Ranjan, Advocate.
                 For the Opposite Party/s :        Mr. Sanjay Kumar Tiwary 1, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   14-05-2026                  Heard learned counsel for the petitioners 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

                   03.04.2017 passed by learned A.C.J.M.-IV, Buxar in connection
              Patna High Court CR. MISC. No.74655 of 2018(3) dt.14-05-2026
                                                          2/2




                        with Simri P.S. Case No.209 of 2016, G.R. No.2986 of 2016, by

                        which cognizance under Sections 147, 149, 341, 323, 354, 308,

                        504 & 506 of the I.P.C. against the petitioners.

                                     3. After some argument, learned counsel for the

                        petitioners submits that this case may be disposed of with liberty

                        to the petitioners 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 petitioners.

                                     6. In view of the above, the present Cr. Misc.

                        Application is disposed of with the liberty to the petitioners, as

                        prayed for.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T

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