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Patna High Court

MANOJ KUMAR @ MANOJ YADAVversusThe State of Bihar

Decided
Disposal
DISMISSED

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/-

U


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