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Patna High Court

Shashi Kishore @ ShishuversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The order taking cognizance is valid and no interference is warranted.

Summary

The petitioner, Shashi Kishore, challenged the order dated 13‑03‑2024 of the Chief Judicial Magistrate, Gaya, which took cognizance against him under IPC Sections 341, 504, 506, 353 and 420. He claimed to be a political activist and former Ward Councillor who was falsely implicated while opposing corrupt practices, arguing that the investigation was improper and no prima facie case existed. The State opposed the petition. The High Court examined the record, noted that the charge‑sheet and material before the magistrate established a prima facie case, and found the investigation satisfactory. Consequently, the Court held that there was no ground to interfere with the magistrate’s order. The petition was dismissed as being without merit.

Issues considered

  • Whether the order taking cognizance by the Chief Judicial Magistrate is liable to be set aside
  • Whether a prima facie case exists under IPC Sections 341, 504, 506, 353 and 420
  • Whether the investigation was conducted in a proper manner warranting interference

Legislation cited

Subjects

  • IPC
  • Section 341
  • Section 504
  • Section 506
  • Section 353
  • Section 420
  • cognizance
  • prima facie case
  • political figure
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.62259 of 2025
                      Arising Out of PS. Case No.-134 Year-2023 Thana- CHANDAUTI District- Gaya
                 ======================================================
                 Shashi Kishore @ Shishu S/O Late Vindhyachal Prasad Sinha R/O Mohalla-
                 Chand Chaurah, Dakhin Darwaja, P.S.- Vishnupad, District- Gaya.
                                                                            ... ... Petitioner
                                                 Versus
           1.     The State of Bihar
           2.     Balwant Kumar Pandey S/O Sri Mahendra Pratap Pandey R/O Muslimpur,
                  P.O- Devkali, P.S- Nandganj, Distt.- Gazipur (U.P.), the Block Development
                  Officer, Nagar, Distt.- Gaya
                                                                         ... ... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioner      :       Mr. Arun Kumar Sinha, Advocate
                 For the Opposite Party-State:   Mr. Mritunjay Kumar Nirala, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   07-04-2026                    Heard learned counsel for the petitioner and learned

                   counsel for the State.

                                2. The petitioner has challenged the order taking

                   cognizance dated 13.03.2024 passed by the learned Chief

                   Judicial Magistrate, Gaya, in connection with Chandauti P.S.

                   Case No. 134 of 2023, by which cognizance has been taken

                   against the petitioner under Sections 341, 504, 506, 353/420 of

                   the Indian Penal Code.

                                3. It has been submitted by learned counsel for the

                   petitioner that the petitioner is an active political person and was

                   also a Ward Councillor and as such he has been falsely

                   implicated in this case and the petitioner was actually objecting

                   the corrupt practices as was done by the informant. The
          Patna High Court CR. MISC. No.62259 of 2025(2) dt.07-04-2026
                                                      2/2




                    ingredients of the sections are not made out and no prima facie

                    case is made out against the petitioner. The investigation was

                    not done in the proper manner.

                                 4. Learned counsel for the State opposed the prayer of

                    the petitioner.

                                 5. Heard learned counsel for the parties and perused

                    the record.

                                 6. The case is under Sections 341, 504, 506, 353/420

                    of the Indian Penal Code. After thorough investigation, the

                    petitioner was charge-sheeted and a prima facie case has been

                    found to be made out by the learned Chief Judicial Magistrate,

                    Gaya, as sufficient materials and grounds are available to

                    proceed in the matter.

                                 7. Considering the entire facts and circumstances of

                    the case, this Court is of the view that no interference with the

                    impugned order is warranted.

                                 8. Accordingly, this application is dismissed being

                    devoid of any merit.



                                               (Praveen Kumar, J)
Pawan/-

U     T


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