Patna High Court
ARUN KUMARversusTHE STATE OF BIHAR
- Decided
- Disposal
- DISPOSED
- Bench
- JITENDRA KUMAR
Holding
The court held that the FIR cannot be quashed as a prima facie case exists, and the petition stands disposed.
Summary
Petitioners Arun Kumar and Bhushan Sharma filed a writ petition seeking quash of FIR No. 340 of 2020, which alleged they conspired to murder Ranjan Kumar by poisoning over a dispute on interest payment, invoking IPC sections 120B, 328, 302, 506 and 34. The petitioners claimed the allegations were false, asserting alibis that Arun Kumar was on army duty at Danapur and Bhushan Sharma was posted with the Bihar Special Armed Police, and therefore not present at the crime scene. The State argued that the FIR disclosed a prima facie case and that the alibi defence could be examined only during investigation and trial. The High Court agreed that a prima facie case existed, finding no ground to quash the FIR, but noted that the police had not yet filed a charge‑sheet and must investigate the alibi before doing so. Consequently, the petition was disposed without granting the relief sought.
Issues considered
- Whether the FIR can be quashed on the ground that the allegations are false and the petitioners have an alibi.
- Whether a prima facie case exists under IPC sections 120B, 328, 302, 506 read with 34.
- Whether the police must investigate the alibi before filing a charge‑sheet.
Legislation cited
- Indian Penal Code — s. 120B, 302, 328, 34, 506
Subjects
- criminal conspiracy
- murder
- quash FIR
- alibi
- prima facie case
- Indian Penal Code
- high court
- criminal writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.1129 of 2021
Arising Out of PS. Case No.-340 Year-2020 Thana- PHULWARISHARIF District- Patna
======================================================
1. Arun Kumar S/O- Rameshwar Singh @ Shankar Prasad Resident of Village-
Simra, P.S.- Janipur, Dist- Patna
2. Bhushan Sharma @ Bhushan Kumar Son of Rameshwar Singh @ Shankar
Prasad Resident of Village- Simra, P.S.- Janipur, Dist- Patna
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Principal Secretary, Department of Home, Bihar, Patna.
3. The Director General of Police, Bihar, Patna
4. The Inspector General of Police, Patna Division, Patna
5. The City Superintendent of Police (West), Patna
6. The Additional Superintendent of Police, Phulwari Sharif, Patna
7. The Officer In- Charge, Phulwari Sharif (Janipur), Police Station, Patna
8. The Investigating Officer, Phulwari Sharif (Janipur), Police Station, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Advocate
For the Respondent/s : Mr. Suman Kumar Jha, AC to AAG-3
Ms. Rupali Jha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
18 12-01-2026 The present petition has been filed by the petitioners
for quashing of FIR bearing Phulwari Sharif (Janipur) P.S. Case
No. 340 of 2020, registered for the offences punishable under
Sections 120B, 328, 302 and 506 read with Section 34 of the
Indian Penal Code.
2. As per allegation, in the intervening night of
22.06.2020 and 23.06.2020, the victim/Ranjan Kumar, son of
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the informant, was called by the accused persons including the
petitioners under conspiracy and he was killed by them by
administering poison and other poisonous substances. It is also
alleged that prior to this commission of offence, there was
altercation between the victim and accused persons including
the petitioners in regard to payment of interest on interest and it
was alleged that if the interest on interest was not paid, he
would be eliminated.
3. I heard learned counsel for the petitioners and
learned counsel for the State.
4. Learned counsel for the petitioners submits that the
allegation is false and fabricated and this case is filed due to
malafide, because the accused persons and the informant are
agnates and they are having strained relationship. He further
submits that the petitioner No. 1/Arun Kumar is a Junior
Commissioned Officer in Indian Army and was posted at
Danapur at the relevant time and he was not present at the place
of occurrence as alleged. He also makes similar submission in
regard to petitioner No. 2/Bhushan Sharma @ Bhushan Kumar
that he is a retired Police Constable and presently, he is working
in Bihar Special Armed Police, posted at Patna and he was also
not present at the place of occurrence as alleged by the
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informant.
5. However, learned counsel for the State submits that
as per allegation made in the FIR, a clear prima facie case is
made out against the petitioners and hence, there is no question
of quashing the FIR. The plea of alibi taken by the petitioners is
a matter of investigation and trial.
6. I agree with the submission of learned counsel for
the State that a prima facie case is made out against the
petitioners and there is no question of quashing the FIR.
However, till date no charge-sheet has been submitted by the
police and hence, the police is required to investigate into the
claim of alibi taken by the petitioners before submission of
charge-sheet.
7. Accordingly, the present petition stands disposed
of.
(Jitendra Kumar, J)
shoaib/-
U T
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