Patna High Court
DHANANJAY KUMAR @ DHANANJAYversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The application to quash the FIR is dismissed, and the FIR stands.
Summary
The petitioner, Dhananjay Kumar, an Assistant Godown Manager, was named in an FIR (Sitamarhi PS Case No. 317 of 2023) alleging that he replaced fortified rice with cheaper Arwa rice, causing a loss of Rs. 4,90,000 and invoking sections 420, 406, 409 and 120B of the IPC. He filed a criminal miscellaneous application seeking quash of the FIR, contending that he was not present at the loading site and that the State had not filed a counter‑affidavit as directed. The petitioner's counsel argued that the allegations were false and that procedural lapses warranted dismissal of the FIR. The court examined the allegations and the findings of two inquiries, which confirmed that Arwa rice had indeed been loaded in place of fortified rice. Finding no merit in the petitioner's contentions and noting that the FIR disclosed cognizable offences, the court dismissed the application to quash the FIR.
Issues considered
- Whether the FIR registered under sections 420, 406, 409 and 120B IPC can be quashed on the ground of lack of prima facie evidence.
- Whether the petitioner's claim of non‑presence and procedural non‑compliance justify dismissal of the FIR.
Legislation cited
- Indian Penal Code — s. 120B, 406, 409, 420
Subjects
- quash FIR
- misappropriation
- rice substitution
- criminal conspiracy
- IPC sections 420
- IPC sections 406
- IPC sections 409
- IPC sections 120B
- criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46489 of 2023
Arising Out of PS. Case No.-317 Year-2023 Thana- SITAMARHI District- Sitamarhi
======================================================
DHANANJAY KUMAR @ DHANANJAY SON OF RAJENDRA THAKUR
RESIDENT OF VILLAGE- MADHUBANI, TIWARI TOLA, P.O.
DARIYAPUR, P.S.- SANGRAMPUR, DISTRICT- EAST CHAMPARAN
... ... Petitioner/s
Versus
1. The State of Bihar
2. DISTRICT MANAGER, BIHAR STATE FOOD AND CIVIL SUPPLY
CORPORATION LTD., SITAMARHI BIHAR
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjan Kumar Dubey, Adv.
Mr. Kumar Gaurav, Adv.
Mr. Shashank Kashyap, Adv.
Ms. Sheshadri Kumari, Adv.
Mr. Sumit Shekhar Pandey, Adv.
For the State : Mr.J.N. Thakur, APP
For the BSFC : Mr. Shailendra Kumar Singh, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
3 25-02-2026 Heard the parties.
2. This application has been filed for quashing the First
Information Report bearing Sitamarhi P.S. Case No. 317 of 2023
dated 18.042023 registered for an offence punishable under Sections
420, 406, 409 and 120B of the Indian Penal Code.
3. The present FIR, being Sitamarhi P.S. Case No. 317
of 2023, has been registered on the basis of a written report
submitted by Lalu Kumar Singh, the then District Manager,
State Food Corporation, Sitamarhi. At the relevant point of time,
the petitioner was Assistant Godown Manager of CMR
Collection Centre No. 5. The allegation, in brief, is that on
Patna High Court CR. MISC. No.46489 of 2023(3) dt.25-02-2026
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16.04.2023, CMR rice was dispatched to the CMR Godowns at
Nanpur and Runni Saidpur through certain trucks, from the
Godown of collection centre no. 5. It is alleged that though in
the truck challans mentioned as fortified rice (“Usna Rice,”) but
upon verification by the Sub-Divisional Officer, Sitamarhi Sadar
and the Sub-Divisional Officer, Pupri at the destination
godowns, the trucks were found loaded with “Arwa Rice,”
which is approximately Rs. 400/- per quintal cheaper than
fortified rice (Usna Rice). It is further alleged that five trucks
carrying 1,225 quintals of rice were supplied with Arwa Rice
instead of fortified rice (Usna Rice) which caused an alleged
wrongful gain of Rs. 4,90,000/- and a corresponding financial
loss to the Corporation. On the basis of the aforesaid allegations,
the petitioner, along with the co-accused persons, has been made
accused of the offences of misappropriation and criminal
conspiracy.
4. The learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case. He was in charge of two godowns and at the time of
loading of the trucks, he was not present at the place of
occurrence. He has further submitted that vide order dated
20.07.2023, the State of Bihar was directed to file a counter
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affidavit, but it has not yet been filed.
5. The petitioner is named in the FIR with specific
allegation that, being the Assistant Godown Manager/in-charge
of the godown, allegedly he misappropriated government funds
by loading Arwa Rice in place of fortified rice (Usna Rice). The
inquiry was conducted by two government authorities; The first
inquiry was conducted by the informant himself whereas the
second was conducted by the Sub-Divisional Officer, Sitamarhi.
Both enquiring authorities found that Arwa Rice had indeed
been loaded on those trucks in place of fortified rice (Usna
Rice).
6. I do not find any merit in the submission of the
learned counsel for the petitioner and accordingly, this Criminal
Miscellaneous Application is dismissed.
(Nawneet Kumar Pandey, J)
Nirmal/-
U T
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