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Patna High Court

Rajnish Gupta @ Rajnish Kumar GuptaversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The petition for quashing the order of cognizance was dismissed, and the order of cognizance stands.

Summary

The petitioner, Rajnish Gupta, filed a petition seeking to quash the order of cognizance dated 08‑04‑2024 issued by the Chief Judicial Magistrate, Buxar, in a murder case (Sections 302, 120B, 34 IPC and Section 27 Arms Act). The prosecution alleged that on 04‑07‑2019 the victim, Rajnarayan Singh, was shot dead by co‑accused Mulayam Yadav, and that the petitioner was present on a motorcycle at the scene and was part of the alleged unlawful assembly. The petitioner argued that there was no direct allegation against him for the killing, that the charge was based merely on suspicion and past enmity, and that he had no criminal antecedents. The State contended that the petitioner was named in the FIR, was a member of the unlawful assembly, and that sufficient material existed to sustain the cognizance. The High Court held that the petition was devoid of merit, as the petitioner’s alleged presence and participation justified the cognizance, and dismissed the application for quashing.

Issues considered

  • What is the appropriate standard for granting a quash of an order taking cognizance when the accused is only alleged to have been present at the scene?
  • Whether mere presence and alleged participation in an unlawful assembly, as alleged in the FIR, suffice to sustain cognizance under Sections 302 IPC and 27 Arms Act.

Legislation cited

Subjects

  • murder
  • criminal conspiracy
  • unlawful assembly
  • Arms Act
  • quash petition
  • cognizance
  • Criminal Procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15658 of 2025
                   Arising Out of PS. Case No.-186 Year-2019 Thana- BUXAR MUFFSIL District- Buxar
                 ======================================================
                 Rajnish Gupta @ Rajnish Kumar Gupta S/O- Birendra Sah Village- Parasarha
                 Ps- Itarhi Dist- Buxar

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Pankaj Kumar Singh S/o- Late Birendra Singh Village- Parasarha Ps- Itarhi
                 Dist- Buxar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Dimpal Kumari, Advocate
                 For the Opposite Party/s :      Mr. Md. Iftekhar Mahmood, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   31-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for quashing the order

                   taking cognizance dated 08.04.2024 passed by the learned Chief

                   Judicial Magistrate, Buxar in connection with Mufassil P.S.

                   Case No. 186 of 2019 for the offences under Sections 302, 120B

                   and 34 of I.P.C. and Section 27 of the Arms Act.

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

                   Pankaj Kumar Singh alleged that on 04-07-2019 at about 6:30

                   A.M., his brother Rajnarayan Singh @ Pintu Singh and Munna

                   Kumar Singh left for Buxar on his motorcycle bearing

                   Registration. No. BR-44B-5077 driven by Rajnarayan Singh @

                   Pintu Singh and Munna Kumar Singh was pillion rider.
Patna High Court CR. MISC. No.15658 of 2025(2) dt.31-03-2026
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          Rajnarayan Singh @ Pintu Singh was a contractor and was

          doing some work at Central Jail, Buxar. When both of them

          reached at Unwao-Bhabhuar Wala More at around 6.40 PM,

          suddenly petitioner and co-accused persons ridden on two

          motorcycles came and surrounded the informant’s brothers. It is

          alleged that the co-accused Mulayam Yadav shot his brother

          Rajnarayan Singh @ Pintu Singh on his head due to which he

          died on the spot. Thereafter, all the accused persons fled away

          from the place of occurrence. It is further alleged that Virendra

          Sah, Bhagwan Sah, Chandan Yadav and Vikash Yadav are

          involved in this occurrence because his cousin brother

          Rajnarayan Singh @ Pintu Singh has appeared as a witness in a

          case lodged by his cousin brother against Birendra Sah and

          Bhagwan Sah vide Itarhi P.S. Case No. 69/2012 in which his

          brother Rajnarayan Singh @ Pintu Singh (deceased) was the

          main Pairvikar.

                       4. Learned counsel for the petitioner has submitted

          that there is no direct allegation against the petitioner for killing

          the brother of the informant rather the specific allegation of

          firing upon deceased is against co-accused Mulayam Yadav and

          the allegation against the petitioner is that he was also there on a

          motorcycle. It has been further submitted that merely on
Patna High Court CR. MISC. No.15658 of 2025(2) dt.31-03-2026
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          suspicion and due to previous enmity, the petitioner has been

          made accused in this case, while petitioner has got no criminal

          antecedent. Learned counsel for the petitioner has further

          submitted that the petitioner and informant are villagers and

          there is long standing enmity between them and on perusal of

          the fardbyan itself, it is not clear whether the criminals fired

          upon the deceased from front or back, the fact that how the

          victim was killed and from perusal of the fardbyan the suspicion

          has been raised against the petitioner as due to previous enmity

          regarding Itarhi P.S. Case No. 69 of 2012 in which the deceased

          was main pairvikar.

                       5. Learned counsel for the State vehemently opposes

          the prayer for quashing the cognizance order and has submitted

          that petitioner is named in the FIR. He was a member of

          unlawful assembly to kill the deceased. Moreover, the grounds

          raised in this petition and also the arguments advanced by

          learned counsel for petitioner, it may be a case of defence, there

          are sufficient materials against the petitioner and hence the

          impugned order does not warrant interference.

                       6. Considering the case to be under Section 302 IPC

          and under Section 27 of Arms Act and petitioner was found

          alleged to be present at the place of occurrence along with other
           Patna High Court CR. MISC. No.15658 of 2025(2) dt.31-03-2026
                                                       4/4




                     co-accused persons, pursuant to which the deceased was killed,

                     this quashing application is devoid of merits and is accordingly

                     dismissed.



                                                (Praveen Kumar, J)
Shivam/-

U      T


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