Manish Kumar vs The State Of Bihar
2025 Latest Caselaw 526 Patna

Patna High Court

Manish Kumar vs The State Of Bihar on 10 July, 2025

Author: Chandra Shekhar Jha

Bench: Chandra Shekhar Jha

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No.7067 of 2024
            Arising Out of PS. Case No.-517 Year-2015 Thana- SUPAUL District- Supaul
     ======================================================
     MANISH KUMAR SON OF ASHOK PANDIT RESIDENT OF VILLAGE-
     MAHUA, PS AND DIST- SUPAUL
                                                ... ... Petitioner/s
                               Versus
1.    THE STATE OF BIHAR
2.    VIDYANAND THAKUR SON OF LATE LAKHAN KUMAR RESIDENT
      OF VILLAGE- MAHUA, PS AND DIST- SUPAUL
                                             ... ... Opposite Party/s
     ======================================================
     Appearance :
     For the Petitioner/s     :        Mr. Dhananjay Kumar Tiwary, Adv
     For the Opposite Party/s :        Mr. Satyendra Prasad, APP
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
     ORAL JUDGMENT

Date : 10-07-2025 Heard learned counsel for the petitioner and

learned counsel for the respondent.

2. The present quashing petition has been

preferred to quash the order dated 17.10.2023 passed by

learned Chief Judicial Magistrate, Supaul in connection with

Supaul P.S. Case No. 517 of 2015, where cognizance was

taken for the offence punishable under Section 363 of the

Indian Penal Code against the petitioner.

3. During the course of argument, it transpires

that victim recovered during investigation and thereafter his

statement was recorded under Section 164 of the Cr.P.C.,

wherein victim made incriminating statement against

petitioner and other co-accused persons that they forcibly

taken him for Saharsa Railway Station, from where he was Patna High Court CR. MISC. No.7067 of 2024 dt.10-07-2025

further brought to Patna and thereafter he was sent to

Haryana by train.

4. In view of aforesaid, at least at this stage, it

cannot be said that no prima-facie case is made out against

petitioner as to doubt the cognizance order dated 17.10.2023

as passed by learned Chief Judicial Magistrate, Supaul in

connection with Supaul P.S. Case No. 517 of 2015, therefore,

same does not require any interference by this Court.

5. Hence, the present quashing petition stands

dismissed being devoid of any merit.

6. At this stage, it is pointed out that petitioner

was juvenile on the alleged date of occurrence, if it is so

petitioner is at liberty to raise all such issues before the

concerned Court, in accordance with law.

7. Office is directed to sent a copy of this

judgment to the learned Trial Court, forthwith.

(Chandra Shekhar Jha, J.) S.Tripathi/-

AFR/NAFR                          NAFR
CAV DATE                          N/A
Uploading Date                    11.07.2025
Transmission Date                 11.07.2025