Patna High Court
Aman Kumar @ KargilversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRAVEEN KUMAR
Holding
The application for quashing the FIR was dismissed as it was premature and devoid of merit.
Summary
The petitioner, Aman Kumar, filed an application seeking the quashing of an FIR that alleged offences under Sections 308(3), 308(5), 109(1) and 3(5) of the Bihar Narcotic Substances Act and Section 27 of the Arms Act. The High Court noted that the investigation was at a very early stage and the offences involved were serious in nature. It held that the court could not entertain a petition to quash the FIR at this juncture. Consequently, the application was found to be without merit and was dismissed. The order reflects the principle that premature interference with a criminal investigation is not permissible.
Issues considered
- Whether an application for quashing an FIR can be entertained when the investigation is at its nascent stage and the offences are serious.
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act — s. 109(1), 308(3), 308(5), 3(5)
Subjects
- quash FIR
- criminal investigation
- serious offences
- preliminary stage
- application dismissed
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8905 of 2026
Arising Out of PS. Case No.-37 Year-2025 Thana- VAINI District- Samastipur
======================================================
Aman Kumar @ Kargil Son of Ramai Thakur Resident of Village - Repura,
P.S .-Waini , District - Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dilip Kumar Roy, Advocate
For the Opposite Party/s : Mr. Jai Narain Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 26-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. This application has challenged the quashing of an
FIR for the offences punishable under Section 308(3), 308(5),
109(1) and 3(5) of B.N.S. and 27 of the Arms Act.
3. The investigation is at its nascent stage and it is not
possible to entertain this application in view of the serious
offences of the case.
4. The prayer of the petitioner cannot be accepted at
this stage, the application is devoid of merits and is accordingly
dismissed.
(Praveen Kumar, J)
shivam/-
U T
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