Research › Search › Judgment

Patna High Court · body

2026 DAILYLAW 29971 (PAT)

Sujit Kumar v. The State of Bihar

CR. MISC./1950/2025 · 2026-01-05

R P Mishra

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1950 of 2025 Arising Out of PS. Case No.-190 Year-2024 Thana- CIVIL LINE District- Gaya ====================================================== Sujit Kumar S/O Baliram Goswami R/O Village- Baidyanathganj, P.S- Sakrabad (Sakurabad), District- Jehanabad. ... ... Petitioner/s Versus 1. The State of Bihar 2. Arun Goswami S/O Amarnath Goswami R/O Mohalla- Rajendra Ashram Yogiya Bagicha, P.S- Civil Lines, Distt.- Gaya. ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 2314 of 2025 Arising Out of PS. Case No.-353 Year-2024 Thana- CIVIL LINE District- Gaya ====================================================== 1. Madhuri Kumari W/O Sujit Goswami R/O Village- Baijnathganj, P.S- Shakurabad, Distt.- Jehananbad. 2. Sanjiv Kumar Babu @ Sanjeet Kumar S/O Baliram Goswami R/O Village- Baijnathganj, P.S- Shakurabad, Distt.- Jehananbad. 3. Amit Kumar @ Ankit Kumar Goswami S/O Baliram Goswami R/O Village- Baijnathganj, P.S- Shakurabad, Distt.- Jehananbad. 4. Ajit Kumar @ Amarjeet Kumar Goswami S/O Baliram Goswami R/O Village- Baijnathganj, P.S- Shakurabad, Distt.- Jehananbad. 5. Ranjit Kumar S/O Nandu Goswami @ Dinesh Goswami R/O Village- Chiraili, P.S- Khizersarai, Distt.- Gaya. ... ... Petitioner/s Versus 1. The State of Bihar 2. Arun Kumar Goswami S/O Amarnath Goswami R/O Mohalla- Jogia Bagicha Near Rajendra Ashram, P.S- Civil Lines, Distt.- Gaya. ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 1950 of 2025) For the Petitioner/s : Mr. Jitendra Kumar, Advocate For the State : Mr. Umanath Mishra, Advocate For the Informant : Mr. Ashok Kumar Singh, Advocate (In CRIMINAL MISCELLANEOUS No. 2314 of 2025) For the Petitioner/s : Mr. Jitendra Kumar, Advocate For the State : Ms. Anita Kumari, APP For the Informant : Mr. Ashok Kumar Singh, Advocate ====================================================== Patna High Court CR. MISC. No.1950 of 2025(4) dt.05-01-2026 2/4 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 4 05-01-2026 Re: Cr. Misc. No. 1950 of 2025 Heard learned counsel for the petitioner and learned APP for the State as also learned counsel for the informant. 2. The present application has been filed under Section 482 of the Code of Criminal Procedure, 1973 for quashing of the FIR bearing Civil Lines PS Case No. 190 of 2024. During the pendency of the application, an order taking cognizance came to be passed, whereupon the petitioner sought amendment by filing an interlocutory application. 3. Learned counsel for the petitioner submits that in view of subsequent developments and to avoid piecemeal adjudication, the petitioner seeks permission to withdraw the present application with liberty to move afresh by filing a comprehensive petition, in accordance with law. 4. Learned APP for the State and learned counsel for the informant have no objection. 5. Considering the facts and circumstances of the case and in order to secure the ends of justice, the present application is dismissed as withdrawn, with liberty to the petitioner to approach this Court afresh, if so advised. 6. It is clarified that this Court has not expressed any Patna High Court CR. MISC. No.1950 of 2025(4) dt.05-01-2026 3/4 opinion on the merits of the case. Re: Cr. Misc. No. 2314 of 2025 Heard learned counsel for the petitioner and learned APP for the State as also learned counsel for the informant. 2. The present application has been filed for quashing of the FIR arising out of Civil Line P.S. Case No. 353 of 2024, registered under Sections 363, 365 and 34 of the Indian Penal Code. 3. Learned counsel for the petitioner submits that during the course of investigation, the petitioner has not been sent up for trial and the police, after completion of investigation, has submitted final form in his favour. In view of the subsequent development, no cause of action survives for consideration in the present application. 4. Learned APP for the State and learned counsel for the informant do not controvert the aforesaid submission. 5. Considering the fact that the petitioner has not been sent up for trial and final form has already been submitted, the present application has become infructuous. 6. Accordingly, this application is dismissed as infructuous, with liberty to the petitioner to approach this Court again in case any adverse order is passed against him or if he is Patna High Court CR. MISC. No.1950 of 2025(4) dt.05-01-2026 4/4 summoned by the learned court below pursuant to any protest petition or otherwise. Raj Kishore/- (Rudra Prakash Mishra, J) U T