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Patna High Court

Shambhu Prasad SinghversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The alibi defence must be decided during the trial, so the quash application is dismissed.

Summary

The petitioners, Shambhu Prasad Singh and Uday Shankar Prasad Singh, were charged under Sections 302, 120B and 34 of the Indian Penal Code for the murder of Sujit Kumar, alleged by his brother Chandan Kumar. The petitioners filed a quash application claiming they were not present at the scene and pleaded alibi. The State opposed, stating that the alibi had already been investigated and a charge‑sheet was filed. The Patna High Court held that an alibi defence can only be examined during the trial and not through a pre‑trial quash petition. Consequently, the court found the application without merit and dismissed it.

Issues considered

  • Whether a petition for quash of criminal proceedings can be entertained on the ground of an alibi defence before trial.
  • Whether the trial court was correct in refusing to discharge the accused under Sections 302, 120B and 34 of the IPC.

Legislation cited

Subjects

  • murder
  • conspiracy
  • common intention
  • alibi
  • quash petition
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10148 of 2024
                      Arising Out of PS. Case No.-192 Year-2012 Thana- SAKRA District- Muzaffarpur
                 ======================================================
           1.     Shambhu Prasad Singh S/O Late Raj Mangal Singh VILLAGE-
                  GOPALPUR, PS. SAKRA, DIST. MUZAFFARPUR.
           2.    UDAY SHANKAR PRASAD SINGH @ NUNNU @ UDAY SHANKAR
                 S/O SHAMBHU PRASAD SINGH VILLAGE- GOPALPUR, PS. SAKRA,
                 DIST. MUZAFFARPUR.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sunil Kumar, Advocate
                 For the Opposite Party/s :        Mr. Manoj Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   10-03-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners have challenged the order dated

                   04.11.2023        passed      by    Additional       Sessions       Judge-19th,

                   Muzaffarpur in Sessions Trial No. 296/2023 arising out of G.R.

                   No. 2275/2012 in connection with Sakar P.S. Case No. 192 of

                   2012 dated 13.06.2012 whereby the learned trial court has

                   refused to discharge the petitioners from the offences punishable

                   under Sections 302, 120B and 34 of the Indian Penal Code.

                                3. As per the prosecution case, the informant, namely,

                   Chandan Kumar alleged that on 13.06.2012 at about 05:00 A.M.

                   his elder brother, namely, Sujit Kumar went to drop his elder
Patna High Court CR. MISC. No.10148 of 2024(2) dt.10-03-2026
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          sister, namely, Shiwani Thakur @ Jhuni Thakur at Dholi railway

          station along with three persons from Sundarpur village and one

          person, namely, Rakesh Kumar of Gopalpur. At about 20:40

          O’clock, after departure of the train, they came out of the station

          and his brother Sujit Kumar went to Jatkauli on motorcycle, but

          he could not reach his home by 10 P.M., then the informant tried

          to contact him on his mobile but his mobile was switched off.

          Thereafter, the informant reached at Sakra police station, there

          he came to know that one dead body of a young boy has been

          found from the Bhuta Chowk beside the N.H. on 12.06.2012 at

          about 4 P.M. and the photo of the deceased was shown to him

          and on seeing the photo, he identified the dead body to be of his

          elder brother Sujit Kumar. Further, he claimed that petitioners

          had murdered his elder brother. The petitioner no.1 (Shambhu

          Singh) is his cousin uncle (Mama) with whom a land dispute is

          going on since long back which is pending in the court and

          before this the petitioner no.1 (Shambhu Singh) threatened to

          kill his brother. It is further alleged that they took away his

          mobile, Rs. 2,000/- and documents.

                       4. Learned counsel for the petitioners referring to

          paragraphs 10, 12, 14, 15 and 18 of the present quashing

          application has tried to impress upon this Court primarily on the
           Patna High Court CR. MISC. No.10148 of 2024(2) dt.10-03-2026
                                                       3/3




                     issue that he was not present at the place of occurrence and thus

                     he claimed a plea of alibi.

                                  5. Learned counsel for the State has opposed the

                     prayer of the petitioners and submitted that the plea of alibi was

                     investigated upon and after thorough investigation charge-sheet

                     came to be submitted against the petitioners followed by taking

                     of cognizance against the petitioners.

                                  6. This Court finds that the case at hand is under

                     Sections 302, 120B and 34 of the Indian Penal Code and the

                     plea of alibi of the petitioners by way of defence can only be

                     decided during the course of trial.

                                  7. Resultantly, this quashing application is devoid of

                     merits and is accordingly dismissed.



                                                (Praveen Kumar, J)
shivam/-

U      T


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