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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

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)
Vikash/-
AFR/NAFR              NAFR
CAV DATE              N/A
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