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Patna High Court

DHANANJAY KUMAR @ DHANANJAYversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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
                                            2/3




          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
           Patna High Court CR. MISC. No.46489 of 2023(3) dt.25-02-2026
                                                       3/3




                     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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