Binayak Bhalchandra v. The State Of Bihar And Another

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2521 of 2019 Arising Out of PS. Case No.-183 Year-2018 Thana- Kharagpur District- Munger ====================================================== Binayak Bhalchandra S/o Late Arvind Mohan Mishra Resident of villageDharahra, Station Road, P.S- Dharahra, Dist- Bhagalpur ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Rachna Singh D/o Rajiv Singh Resident Of Village-Paharpur, P.S- Haveli Kharagpur Dist- Munger ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satya Narayan Mishra For the Opposite Party/s :

Mr. Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 03-02-2026 Heard the learned counsel for the petitioner and the learned counsel for the State.

2. This application has been filed for quashing of the order dated 17.09.2018 passed in Haveli Kharagpur P.S. Case No. 183 of 2018 by learned A.C.J.M.-IV, Munger by which cognizance for the offence punishable under Sections 292 & 354(A) of the IPC and under Sections 66(E)& 67(A) of the IT Act was taken.

3. This application is disposed of with liberty to the petitioner to raise all the grounds at the time of discharge/at an appropriate stage and if such an application is filed, the same shall be considered by the Court below and a reasoned order

Patna High Court CR. MISC. No.2521 of 2019(4) dt.03-02-2026 2/2 shall be passed in accordance with law and in view of the law laid down by the Hon'ble Supreme Court in the case of Kanchan Kumar Vs. The State of Bihar reported in (2022) 9 SCC 577.

4. Interim protection granted to the petitioner by order dated 10.04.2025 is hereby vacated.

5. Let a copy of this order be communicated to the Principal District & Sessions Judge, Munger through FAX for its compliance forthwith.

(Sandeep Kumar, J) Shishir/- U