Patna High Court
Ranjan Kumar vs The State Of Bihar on 9 October, 2025
Author: Purnendu Singh
Bench: Purnendu Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87458 of 2024
Arising Out of PS. Case No.-397 Year-2019 Thana- BRAHMPUR District- Buxar
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Ranjan Kumar S/o Bhikhari Yadav @ Bhikhan Yadav, Resident of Village-
Bhadi Dera, PS- Krishnabrahm, District- Buxar
... ... Petitioner/s
Versus
1. The State of Bihar
2. Smt. Mithilesh Singh W/o Mr. Nirbhay Singh R/o Chattarpur Extension
Sadhawan Apartment, Near Suman D 9, U.G.F. 4th Floor Near Suman
Chowk, New Delhi
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Chandan Kumar, Advocate
For the Opposite Party/s : Mr.Shyam Kumar Singh, Advocate
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 09-10-2025
Heard learned counsel appearing on behalf of the
petitioner and the learned APP for the State.
2. The present quashing application has been filed for
quashing of entire criminal proceeding initiated in Brahmpur
P.S.Case No.397 of 2019 registered for the offence under
Sections 420, 465, 468, 471, 793 and 120(B) of Indian Penal
Code.
3. The prosecution story in brief is that the informant
(O.P.No.2) has lodged Brahmur P.S.Case No.397 of 2019
alleging therein that a false and fabricated case bearing
Brahmpur PS Case No.284 of 2018 by the co-accused and
Patna High Court CR. MISC. No.87458 of 2024 dt.09-10-2025
Krishnbrahm P.S.Case No.263 of 2018 had been lodged against
her and her husband & others on the ground that they had taken
Rs.2.5 lac in respect of providing job to them. As a result, the
informant and her husband were put behind the bars,
subsequently they suffer economic loss and mental torture. It is
also alleged that the P.O. and the date of lodging of Brahmpur
P.S.Case No.284 and 2018 and Krishnbrahm P.S.Case No.263 of
2018 are same.
4. Learned counsel appearing on behalf of the
petitioner submitted that the petitioner had lodged Brahmapur
(Krishnabrahm) PS Case No.263 of 2018 on 10.06.2018 under
Sections 406, 420, 467, 468, 471 and 34 of the IPC against the
informant and her husband, who is informant of Brahmpur P.S.
Case No.399 of 2019 and others alleging therein that the
petitioner on the invitation of Nirbhay Singh (husband of
informant) in the Year, 2017 the petitioner visited at his house
(Jharsa, Gurgaon) where Mithilesh Singh (informant) was
available alongwith him and he ensured to arrange a job to him
in District Court of Haryana, and they demanded Rs.5,00,000/-
for the same on 05.03.2017. Informant and her husband visited
at the house of the petitioner, where the petitioner had given
Rs.2,50,000/- and on 12.05.2017, the petitioner was called by
Patna High Court CR. MISC. No.87458 of 2024 dt.09-10-2025
them to their house for giving the offer letter issued by the
District & Sessions Judge, Gurgaon, Haryana, and demanded
rest amount of Rs.2,50,000/-. The petitioner assured that he will
make payment when he will come for joining. Before joining
the petitioner verified the genuineness of the offer letter and
found that it to be fake. Being cheated, the petitioner went to the
house of Nirbhay Singh where the petitioner was abused by
accused persons on 05.04.2018 and Nirbhay Singh gave a
cheque of Rs.2,50,000/-, which got dishonored.
5. Learned counsel further submitted that after
perusing the FIR, case diary and charge sheet, the learned CJM
took cognizance under Sections 406, 467, 468, 471/34 of the
IPC against the accused Nirbhay Singh and his wife Mithilesh
Singh (informant) on 19.11.2018.
6. It is lastly submitted by the learned counsel that
first to teach lesson to the petitioner and out of vengeance, the
present FIR has been lodged. The petitioner has relied upon para
no. 102 of State of Haryana vs. Bhajan Lal reported in 1992
Supp(1) SCC 335, case to the content that from the bare perusal
of the FIR, it appears that in absence of any essential
ingredients, no case is made out against the petitioner under
Sections 420, 465, 468, 471, 793 and 120(B) of Indian Penal
Patna High Court CR. MISC. No.87458 of 2024 dt.09-10-2025
Code.
7. Heard the Parties.
8. Considering the submissions made on behalf of the
parties, as well as, the facts and circumstances of the case, I find
it apt to refer a judgment passed by Apex Court, while
considering the contents of ingredients of Sections 419, 420,
467, 468 and 471 of IPC in the case of Suresh C. Singhal &
Ors. vs State of Gujarat & Ors. reported in Criminal Appeal No.
3862 of 2024 has observed in para 18 as under:
"The insistence on the part of the CBI to
prosecute the Appellants appears to be primarily
on the assumption that offences under Sections
420, 419, 467, 468 and 471 of IPC have been
committed. The said offences and the proceedings
arising therefrom, when seen, some of those
offences are compoundable and with the matter
having been amicably resolved, the Court ought
to have proceeded to quash the same."
9. Considering the facts of the case, submissions of
the parties and the law laid down by the Apex Court in case of
Suresh C. Singhal (supra) and in absence of any entrustment of
the property by the informant to the petitioner, the learned
Magistrate without considering that the the petitioner has also
lodged a case under Sections 406, 420, 467, 468, 471 and 34 of
IPC against the opposite party no.2 has taken cognizance of the
offence in most mechanical manner.
Patna High Court CR. MISC. No.87458 of 2024 dt.09-10-2025
10. Accordingly, entire proceeding in connection with
Brahmpur P.S.Case No.397 of 2019 against the petitioner is
hereby set aside and quashed.
11. Accordingly, the present quashing application
stands disposed of.
(Purnendu Singh, J)
chn/-
AFR/NAFR NAFR
CAV DATE 13.10.2025
Uploading Date NA
Transmission Date NA
