Patna High Court

Lalu Kumar @ Lalu Prasad @ Aaditya Prasad @ Aaditya KumarversusThe State of Bihar

Decided: 3 April 2026
Disposal: DISMISSED
Bench: PRAVEEN KUMAR

Holding

The quashing application is dismissed, and the order taking cognizance under Sections 364, 120(B) and 34 IPC stands.

Summary

The petitioner, Lalu Kumar, challenged an order dated 27 January 2021 of the Additional Chief Judicial Magistrate, Nawada, which had taken cognizance of offences under Sections 364, 120(B) and 34 of the Indian Penal Code. The prosecution alleged that on 16 September 2011 the petitioner’s husband was abducted by two accused persons and has not been seen since. The petitioner argued that the only material linking him to the crime was a credit of a certain amount in his bank account, and therefore sought quashing of the proceedings. The State contended that a charge‑sheet had been filed and there was prima facie material against the petitioner. The High Court, after considering the seriousness of the alleged kidnapping, conspiracy and common intention, held that the petition for quashing was without merit and dismissed it, leaving the order of cognizance intact.

Issues considered

What is the validity of the order taking cognizance of offences under Sections 364, 120(B) and 34 IPC against the petitioner?
Whether the petition for quashing the criminal proceedings is maintainable in view of the material evidence alleged by the State?

Legislation cited

Indian Penal Code — s. 120(B), 34, 364

Subjects

kidnapping
murder
criminal conspiracy
common intention
quash of criminal proceeding
cognizance
IPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31331 of 2024
                       Arising Out of PS. Case No.-126 Year-2011 Thana- SIRDALA District- Nawada
                 ======================================================
                 Lalu Kumar @ Lalu Prasad @ Aaditya Prasad @ Aaditya Kumar Son of
                 Mahabir Prasad Yadav Resident of Village- Mahugayan, P.S.- Sirdala, Dist.-
                 Nawada
                                                                          ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Awadhesh Kumar, Advocate
                 For the Opposite Party/s :       Mr. Navin Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   03-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has challenged the order dated

                   27.01.2021 passed by learned Additional Chief Judicial

                   Magistrate, 1st, Nawada in Sirdala P.S. Case No. 126 of 2011,

                   taking cognizance of offences under Sections 364, 120(B) and 34

                   of the Indian Penal Code.

                                3. As per the prosecution case, the informant alleged

                   that on 16.09.2011 at about 03:00 P.M. two accused persons

                   namely Bugal Prasad @ Mulayam Singh Yadav and Naresh

                   Yadav came at the house of the informant and took her husband

                   with them but her husband did not return since then. Thereafter,

                   when she asked from both the accused persons they did not reply

                   satisfactorily.

                                4. Learned counsel for the petitioner has challenged
            Patna High Court CR. MISC. No.31331 of 2024(2) dt.03-04-2026
                                                        2/2




                      the order taking cognizance dated 27.01.2021, wherein the

                      cognizance has been taken against the petitioner under Section

                      364/120(B) and 34 of the IPC.

                                   5. The present case relates to kidnapping for the

                      purpose of murder under criminal conspiracy coupled with

                      common intention. The learned counsel for the petitioner submits

                      that the only material against the petitioner is that certain amount

                      has been credited to his bank account.

                                   6. Learned counsel for the State vehemently opposes

                      this application and has submitted that the charge-sheet has also

                      been submitted against the petitioner and there are certain

                      material against him for prima facie arriving at the conclusion

                      that the petitioner is an accused of the case.

                                   7. Considering the facts that this case is of serious

                      nature involving criminal conspiracy, kidnapping for the purpose

                      of murder and common intention and the grounds pleaded by the

                      petitioner by way of defense, this quashing application is devoid

                      of merits and is accordingly dismissed.


                                                 (Praveen Kumar, J)
khushbu/-

U      T

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