Patna High Court
BHIM YADAV @ BHIM KUMAR YADAVversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ANSUL
Holding
The order of cognizance dated 22-11-2018 is quashed insofar as the petitioners are concerned.
Summary
The petitioners, Bhim Yadav, his wife Gita Devi and daughter Anchal Kumari, filed a petition seeking quash of the order of cognizance dated 22-11-2018 passed by the Special Judge, Excise Act, Khagaria, in connection with PS case No.141/2016. The FIR alleged that police raided Rana Yadav's house to arrest Subodh Yadav, during which family members attacked the police and three persons, including the petitioners, were arrested and later released on bail. The petitioners contended that they were merely present at the scene as residents and had no participation in the alleged offences, and therefore should not be implicated. The High Court examined whether the order of cognizance could stand against persons who were not directly involved in the alleged offences. Finding no substantive basis to hold the petitioners liable, the Court quashed the order of cognizance as far as they were concerned and allowed the petition.
Issues considered
- What is the appropriate basis for quashing an order of cognizance when the accused were only present at the scene and not directly involved in the alleged offences?
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act — s. 53
- Indian Penal Code — s. 147, 149, 152, 224, 225, 323, 341, 353
Subjects
- quash of cognizance
- Indian Penal Code
- Bihar Prohibition and Excise Act
- criminal procedure
- false implication
- presence at scene
- bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34642 of 2023
Arising out of PS. Case No.-141 Year-2016 Thana- MANSI District- Khagaria
======================================================
1. Bhim Yadav @ Bhim Kumar Yadav Son of Late Chhatrapati Yadav Resident
of Village - Chukti, P.S.- Mansi, District - Khagaria. At Present Resident of
Mohalla - Bhagwan Kailash Apartment Flat No.- 109 old Jakkanpur, P.S.-
Jakkanpur, District - Patna
2. Gita Devi Wife of Bhim Yadav @ Bhim Kumar Yadav Resident of Village -
Chukti, P.S.- Mansi, District - Khagaria. At Present Resident of Mohalla -
Bhagwan Kailash Apartment Flat No.- 109 old Jakkanpur, P.S.- Jakkanpur,
District - Patna
3. Anchal Kumari @ Akta Kumari Daughter of Bhim Yadav @ Bhim Kumar
Yadav Resident of Village - Chukti, P.S.- Mansi, District - Khagaria. At
Present Resident of Mohalla - Bhagwan Kailash Apartment Flat No.- 109
old Jakkanpur, P.S.- Jakkanpur, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Uma Kant Mishra, Advocate
For the Opposite Party/s : Mr. Nirmala Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL JUDGMENT
Date : 11-05-2026
Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. Petitioners seek quashing of the order of cognizance
dated 22.11.2018 passed by learned Special Judge, Excise Act,
Khagaria in connection with Mansi P.S. Case No. 141/2016
registered for the offences under Sections 147, 149, 152, 341, 323,
353, 224, 225 of the IPC and Section 53 of Bihar Prohibition and
Excise (Amendment) Act.
Patna High Court CR. MISC. No.34642 of 2023 dt.11-05-2026
2/3
3. The FIR has been lodged by the Officer In-charge,
Mansi Police Station with the allegation that the police went to the
house of a particular person. The police raided the house of one
Rana Yadav to arrest his son-in-law Subodh Yadav. Subodh Yadav
and two others were arrested from there. The family members
came and they attacked the police officials and the police caught
these three accused.
4. Learned Counsel for the petitioners submits that they
were arrested later on and thereafter they were allowed bail. The
Petitioner No. 1 is practicing Advocate of this Court, the Petitioner
No. 2 is his wife and Petitioner No. 3 is his daughter. They are not
directly concerned with the case at all. They have their joint house
and their area has been partitioned and they are separate in mess.
The allegation against his son-in-law Rana Yadav and the
petitioners have no concern with the family members and activities
of Rana Yadav. They have merely been implicated in the case
because they were present at the place of occurrence. Their
presence at the place of occurrence will not involve the petitioner
in a criminal case at all as they are residents of the same place.
5. In such view of the matter, the order of cognizance
dated 22.11.2018 passed by learned Special Judge, Excise Act,
Khagaria in connection with Mansi P.S. Case No. 141/2016
Patna High Court CR. MISC. No.34642 of 2023 dt.11-05-2026
3/3
registered for the offences under Section 147, 149, 152, 341, 323,
353, 224, 225 of the IPC and Section 53 of Bihar Prohibition and
Excise (Amendment) Act is quashed so far as the petitioners are
concerned.
6. With the aforesaid observations, the present
application stands allowed.
(Ansul, J)
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