Patna High Court
Niranjan Kumar vs The State Of Bihar on 20 January, 2025
Author: Chandra Shekhar Jha
Bench: Chandra Shekhar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2322 of 2024
Arising Out of PS. Case No.-231 Year-2023 Thana- KHAIRA District- Saran
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NIRANJAN KUMAR SON OF RAJKUMAR SINGH RESIDENT OF
VILLAGE- DHARAM CHAK, MANSI, PS- MANSI, DIST- KHAGARIA
... ... Petitioner/s
Versus
1. THE STATE OF BIHAR
2. MANISH KUMAR , ASI -CUM-S.H.O. THANA KHAIRA (NAGRA),
DISTT- SARAN BIHAR
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Yashraj Bardhan, Adv
For the Opposite Party/s : Mr. Rajiv Nayan, APP
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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL JUDGMENT
Date : 20-01-2025
Heard learned counsel appearing on behalf of the
parties.
2. The present application has been filed for quashing
the Khaira (Nagra) P.S. Case No. 231 of 2023 vide order
dated 22.06.2023, lodged under Sections 384, 385 and 34 of
the Indian Penal Code pending in the Court of learned
Magistrate 1st Class, Saran at Chhapra, which was lodged at
the instance of OP No. 2 against the petitioner and three more
persons on the basis of his self-statement. It is stated that
police has registered this false and frivolous case against this
petitioner with a malicious intention, based on wrong facts.
Patna High Court CR. MISC. No.2322 of 2024 dt.20-01-2025
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3. The FIR was instituted vide Khaira (Nagra) P.S.
Case No. 231 of 2023 dated 22.06.2023 under Sections 384,
385 and 34 of the IPC on the basis of written statements of
the informant namely Manish Kumar, ASI-cum-SHO Khaira
(Nagra) Police Station against the petitioner and three others.
4. The case of informant as per FIR suggests that he
got information about a viral video on social media related
with Nagra O.P. showing conversation between truck driver
and the owner, which was verified infront of the informant
and other police staffs deputed at police station. As per
conversation of the said audio, it transpired that truck drivers
were found in conversation with the owner of the truck that it
has been caught by the police and same can be released only
when money/bribe would be paid to the police. Truck was said
to be parked outside the police station. Truck driver named a
person as Afsar Ali having mobile no. 6202541488 and also
talks about for sending screenshot of the transferred amount
of Rs. 30,000/- and Rs. 20,000/- on that mobile number. The
matter was enquired from said Afsar Ali, who told that he runs
a cyber cafe at Mahwalia Baazar and when any transfer of
Patna High Court CR. MISC. No.2322 of 2024 dt.20-01-2025
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amount takes place through mobile, customers give him
commission. He further stated that Afsar Ali being owner of
cyber cafe was in touch with chowkidaar Roshan Manjhi being
friends. The bribe was received through online transfer to his
mobile, which on next day given into cash to the chowkidaar.
The informant also took the audio conversation details of
22.03.2023
and 23.03.2023 of the concerned viral video and
verified the conversation, which took place at about 23:46
hours, where Rs. 50,000/- was received on said mobile
number of Afsar Ali through "My Jio App". It is pointed out by
the informant that then SHO Khaira (Nagra) Shiv Nath Ram
and the then Additional SHO-cum-ASI Niranjan Kumar
(petitioner) received bribe from truck drivers/owners in the
night, who found carrying sand through trucks and received
the amount through chowkidaar Roshan Manjhi by getting
bribe amount transfer online to cyber cafe owner i.e., Afsar
Ali, as per above discussed modus-operandi.
5. In view of the aforesaid factual aspect of this case
as raised through aforementioned FIR, it is submitted by
learned counsel for the petitioner that petitioner was falsely
Patna High Court CR. MISC. No.2322 of 2024 dt.20-01-2025
implicated with the present case out of office politics because
he was the predecessor of the informant. Hence, present FIR
was lodged with malicious intention only to harass the
petitioner. It is submitted that no banking transactions as
alleged appears to be connected with the petitioner and mere
on the basis of suspicion the petitioner being senior police
officer cannot be implicated in such manner. In support of his
submission learned counsel relied upon the legal report of the
Apex Court decision in the case of State of Haryana and
Others vs. Bhajan Lal and Others reported in 1992
Supp (1) Supreme Court Cases 335.
6. Taking contrary note learned APP appearing on
behalf of the State submitted that petitioner was the head of
the police station at relevant time. It is pointed out that during
preliminary enquiry at the time of lodging the FIR the audio
and video prima-facie found suggesting unlawful transfer of
cash by truck owners to the cyber cafe owner namely Afsar
Ali, which appears to be transferred around midnight. It is
pointed out that matter is under investigation and it should
not be interfered at this stage. Learned APP further pointed
Patna High Court CR. MISC. No.2322 of 2024 dt.20-01-2025
out that as informant of this case is the successor of the
petitioner does not lead to conclusion ipso-facto that he was
biased towards petitioner to the extent that he lodged present
FIR against him. It is submitted that no material was brought
on record, which may suggest prima-facie that the present
FIR was lodged by the informant against petitioner with
ulterior and oblique motive.
7. In view of the aforesaid factual and legal
submission and by taking note of fact that allegation in FIR
prima-facie disclose cognizable offence against petitioner,
who is a named accused, which requires through
investigation, hence, this Court does not find any merit in the
present petition, accordingly same stands dismissed.
8. Let a copy of this order be sent to the learned
trial court forthwith.
(Chandra Shekhar Jha, J.)
S.Tripathi/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 04.02.2025
Transmission Date 04.02.2025
