Shrawan Kumar vs The State Of Bihar
2025 Latest Caselaw 2009 Patna

Patna High Court

Shrawan Kumar vs The State Of Bihar on 27 February, 2025

Author: Chandra Shekhar Jha

Bench: Chandra Shekhar Jha

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No.5147 of 2025
     Arising Out of PS. Case No.-45 Year-2025 Thana- Excise P.S. District- Sitamarhi
======================================================
Shrawan Kumar S/o- Late Ram Pragas Sah Resident of village-
Baharoyr Ward No- 13 PS-Riga District- Sitamarhi at present residing
at Bawariya PS- Mehsaul OP District- Sitamarhi
                                                    ... ... Petitioner
                                        Versus
The State of Bihar                                             ... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s     :         Mr.Birendra Kumar, Advocate
For the Opposite Party/s :         Mr.Nitya Nand Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                    ORAL JUDGMENT

Date : 27-02-2025

Heard Mr. Birendra Kumar, learned counsel

appearing on behalf of the petitioner and Mr. Nityanand

Tiwary, learned A.P.P. for the State.

2. The present quashing petition has been preferred

for quashing of the First Information Report in connection

with Sitamarhi Excise P.S. Case No. 45 of 2025 instituted

under Section 30(a) and 32(3) of the Bihar Prohibition and

Excise Amendment Act, 2018.

3. It is submitted by learned counsel appearing for

the petitioner that save and except disclosure/confessional

statement, nothing appears against this petitioner. It is

submitted that during investigation only suspicion developed Patna High Court CR. MISC. No.5147 of 2025 dt.27-02-2025

against this petitioner till now.

4. In support of his submission, learned counsel

relied upon the legal report of Hon'ble Supreme Court as

available through Salib @ Shalu @ Salim Vs. The State

of Uttar Pradesh and Others reported in 2023 SCC

Online SC 947 and Mohammad Wajid and Anr. Vs.

State of U.P. and Ors. reported in 2023 SCC Online SC

951.

5. Learned A.P.P., while opposing aforesaid prayer,

submitted that name of petitioner surfaced in this case on the

basis of disclosure of the co-accused person namely, Santosh

Kumar, immediately upon his arrest. It is submitted that

investigation of this case is still open, where during course of

investigation till now, it transpires from the statement of wife

and father of apprehended co-accused namely, Santosh

Kumar that he was working with this petitioner and was

dealing with illegal activities/trade of illicit liquor, which is

prohibited in the State of Bihar in view of Bihar Prohibition

and Excise Act, 2016.

6. It is further submitted by learned A.P.P. that Patna High Court CR. MISC. No.5147 of 2025 dt.27-02-2025

aforesaid statement is available under paragraph '15' and '16'

of the case diary. While concluding argument, learned A.P.P.

submitted that learned counsel appearing for the petitioner, at

this stage, disputing the factual aspects qua possession of

illicit liquor, which is not permissible under the law. In this

context, it is submitted that petitioner is a man of criminal

antecedents and he was found indulged in three more criminal

cases of similar nature.

7. Learned A.P.P., while taking note of aforesaid

legal reports of Hon'ble Court, submitted that none of the

judgments cited by learned counsel for the petitioner appears

helping him as the factual aspects of this case is different with

those cases which was quashed by Hon'ble Supreme Court

through aforesaid judgments. It is further submitted that this

case is also not falls under the seven (7) guidelines as settled

by Hon'ble Supreme Court in para 102 in the matter of State

of Haryana v. Bhajan Lal, [1992 Supp (1) SCC 335],

which reads as under:

"102. In the backdrop of the interpretation of the various relevant provisions of the Code under Chapter XIV and of the principles of law enunciated by this Court in a series of decisions relating to the exercise of the extraordinary power under Article 226 or the inherent powers under Section 482 of Patna High Court CR. MISC. No.5147 of 2025 dt.27-02-2025

the Code which we have extracted and reproduced above, we give the following categories of cases by way of illustration wherein such power could be exercised either to prevent abuse of the process of any court or otherwise to secure the ends of justice, though it may not be possible to lay down any precise, clearly defined and sufficiently channelised and inflexible guidelines or rigid formulae and to give an exhaustive list of myriad kinds of cases wherein such power should be exercised.

(1) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused.

(2) Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code.

(3) Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused.

(4) Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code.

(5) Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused.

(6) Where there is an express legal bar engrafted in any of the provisions of the Code or the Act concerned (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the Act concerned, providing efficacious redress for the grievance of the aggrieved party.

(7) Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge."

Patna High Court CR. MISC. No.5147 of 2025 dt.27-02-2025

8. Considering the aforesaid factual and legal

submission and by taking note of the fact as petitioner is a

named accused through F.I.R., lodged for a cognizable

offence, where witnesses prima-facie appears supported his

involvement, during course of investigation through their

statement as recorded under section 161 of the Cr.P.C. and,

moreover as learned counsel appears disputing the factual

aspects, which is not permissible to look at this stage and

admittedly, petitioner found involved in three more criminal

cases of similar nature, the present petition appears devoid of

any merit.

9. Accordingly, in view of aforesaid facts, the present

quashing petition stands dismissed.

10. Presence of the Investigating Officer stands

dispensed with.

11. Let a copy of this judgment be sent to the

learned trial court/court concerned forthwith.

(Chandra Shekhar Jha, J.) Rajeev/-

AFR/NAFR                        NAFR
CAV DATE                          NA
Uploading Date                27.02.2025
Transmission Date             27.02.2025