Patna High Court
MANOJ KUMAR @ MANOJ YADAVversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court held that the defence of the petitioner cannot be considered at the stage of cognizance and dismissed the application for quash.
Summary
Manoj Kumar Yadav filed an application seeking to quash the order dated 18‑02‑2021 of the Additional Chief Judicial Magistrate‑II, Madhepura, which had taken cognizance of case No. 365 of 2019. The petitioner argued that a separate FIR contained a confession by another person and that witness statements exonerated him, and he requested a mini‑trial. The Court held that at the stage of taking cognizance the defence cannot be examined and therefore the application for quash cannot be entertained. The petition was dismissed, with liberty to file a discharge application and raise all grounds before the trial court. The trial court will then decide the matter in accordance with the precedent of Kanchan Kumar v. State of Bihar (2022) 9 SCC 577.
Issues considered
- Can the order taking cognizance be quashed on the basis of a confession in a separate FIR?
- Whether the petitioner’s defence can be considered at the stage of cognizance?
Subjects
- Criminal Procedure Code
- Cognizance
- Quash of order
- Discharge application
- Preliminary hearing
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35381 of 2021
Arising Out of PS. Case No.-365 Year-2019 Thana- MURLIGANJ District- Madhepura
======================================================
MANOJ KUMAR @ MANOJ YADAV Son of Satyendra Prasad Yadav
Resident of Village - Kolhaipatti, Ward No. 5, P.S.- Murliganj, District -
Madhepura.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Sanjeev Kumar S/o Shyam Yadav R/o Kolhaipatti, Ward No. 4, PS
Murliganj, District Madhepura
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. P.N. Shahi, Sr. Adv.
Mr.Manoj Kumar Pandey
For the Opposite Party/s : Mr.A.G.
For the Informant : Mr. Uday Chand Prasad
Mr. Manoj Kumar
Ms. Pooja Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 10-02-2026 Heard the parties.
2. This application has been filed for quashing the
order dated 18.02.2021 passed in CIS No. 1903 of 2019 / Tr.
No. 290 of 2021 arising out of Murliganj P.S. Case No. 365 of
2019 by the learned Additional Chief Judicial Magistrate-II,
Madhepura.
3. The impugned order taking cognizance has been
challenged basically because of the fact that in a separate FIR,
one person was caught who has confessed before the police that
he has shot at the deceased. Learned senior counsel for the
Patna High Court CR. MISC. No.35381 of 2021(6) dt.10-02-2026
2/2
petitioner relies upon statement of certain witnesses also.
4. Mr. Shahi wants this Court to hold a mini-trial and
exonerate the petitioner but this Court is not convinced by the
argument of Mr. Shahi.
5. In the opinion of this court, the defence of the
petitioner cannot be seen at the stage of cognizance.
6. Accordingly, this application is dismissed with
liberty to the petitioner to file a discharge application and raise
all the grounds. If the petitioner files such an application then
the trial Court will consider the same and pass a reasoned order
in connection with law in connection with Kanchan Kumar Vs.
State of Bihar reported in (2022) 9 SCC 577.
(Sandeep Kumar, J)
Vikas/-
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