[Cites 3, Cited by 0]
Patna High Court
Santosh Bidua vs The State Of Bihar on 24 February, 2026
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50339 of 2024
Arising Out of PS. Case No.-415 Year-2024 Thana- DANAPUR District- Patna
======================================================
Santosh Bidua Son Of Gupteshwar Bidua R/O- Bhagwanpur, P.S.- Parasi,
Distt.- Arwal, At Present R/O- R.P.S.Mor, North Union, P.S.- Danapur, Distt.-
Patna
... ... Petitioner/s
Versus
The State of Bihar & Anr.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rishikesh Ojha, Advocate
For the Opposite Party/s : Mr. Nityanand, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL JUDGMENT
Date : 24-02-2026
Heard the learned counsel for the parties.
2. Despite valid service of notice upon O.P. No. 2,
nobody appears on behalf of the O.P. No. 2.
3. The present application has been filed for
quashing the F.I.R being Danapur P.S. Case No. 415 of 2024,
registered for the offence under Sections 341, 323 and 307 of
the Indian Penal Code.
4. The prosecution case is to the effect that the
informant has alleged that on 04.05.2024 at around 7:30 P.M.
in the evening, while he was going to the Shiv Mandir for
performing Puja, his brother-in-law namely, Santosh Bidua
(petitioner) objected to his performing Puja and assaulted him
Patna High Court CR. MISC. No.50339 of 2024 dt.24-02-2026
2/6
with iron rod on his head, upon which he got grievously injured
and thereafter he went to the sub-divisional hospital, Danapur,
for treatment and thereafter, the FIR was lodged.
5. Learned counsel for the petitioner submits that
the present FIR falls in the category of vexatious prosecution
on account of some personal dispute between two brothers-in-
law (sala and bahnoi). It has been submitted that with regard to
performing Puja, a dispute arose between two parties and it
was in fact the informant of the present case who had entered
the house of the petitioner along with his father and had started
abusing the petitioner and his wife, to which they objected.
Thereafter, it was the informant who had assaulted the
petitioner with fists and legs. It has further been stated that
when the son of the petitioner intervened, the father of the
informant even assaulted him and when the petitioner and his
wife raised hulla, the informant snatched the gold chain of the
wife of the petitioner and took away the cash amount kept in
the house. He further submits that for such an offence, a
complaint was lodged by the petitioner's wife on 09.05.2024,
wherein she has stated that it was on account of a previous
dispute between the two families, the informant of the present
case along with his father had assaulted the petitioner and
Patna High Court CR. MISC. No.50339 of 2024 dt.24-02-2026
3/6
others. It has been submitted that for the same incident which
had occurred on 04.05.2024, the informant of the present case
lodged an FIR with false and fabricated medical examination
reports.
6. Learned counsel for the petitioner further
pointed out that though the occurrence is said to have been
committed on 04.05.2024, however, the FIR was lodged after
two days of the occurrence on 06.05.2024. It has also been
pointed out that though the informant has stated only about him
being examined at the sub-divisional hospital Danapur, he had
also prepared a medical examination report of PMCH of the
same day, that is, 04.05.2024, however, from perusal of the
same, which has been brought on record as Annexure-P2, the
time is said to be 7:05 P.M.
7. It has further been submitted that from the
perusal of the FIR, it would be evident that the time of
occurrence is stated to be 7:30 P.M. on 04.05.2024, while the
medical report has been prepared at 7:05 P.M. on 04.05.2024,
that is prior to the occurrence. It has thus been submitted that in
view of the above, a fabricated medical examination report has
been prepared by the informant in order to prove his case.
However, no such incident as alleged has occurred. It has next
Patna High Court CR. MISC. No.50339 of 2024 dt.24-02-2026
4/6
been submitted that in view of the above, the present
prosecution is an abuse of process of law and in view of the
settled principles of law, as decided in the case of State of
Haryana and Others v. Bhajan Lal and Others; 1992 Supp
(1) SCC 335, the continuation of the present proceeding would
amount to abuse of the process of law, especially the fact that
prima facie the case appears to be a false and concocted one.
8. Learned APP for the State has opposed the
application and has submitted that there is a specific allegation
made by the opposite party no. 2 that the petitioner had
assaulted him and from the perusal of the medical examination
report, it would be evident that there was some injury to the
informant and reference has been given in the report of pain in
the head and pain and swelling in the leg. It has further been
submitted that the petitioner has prayed for quashing of the FIR
and it would be not proper to entertain the same as it is a
premature application.
9. Having considered the submissions made by the
learned counsel for the petitioner as well as the learned APP for
the State, it is evident that the FIR was lodged on 06.05.2024 at
7:30 P.M. while the incident is stated to be of 7:30 P.M. on
04.05.2024
. From perusal of the medical examination report of
Patna High Court CR. MISC. No.50339 of 2024 dt.24-02-2026
the PMCH brought on record by way of Annexure P2, it is also
evident that it contains the computer entry of the informant at
7:05 PM on 04.05.2024, which is apparently prior to the time
of occurrence as alleged in the FIR. The aforesaid anomaly
directly goes to the root of the case and points out to the fact
that a medical report has been prepared by the informant in
collusion with others and the same has been used to implicate
the petitioner in the present case.
10. Looking at the facts and circumstances of the
case, it is evident that the petitioner and the OP no. 2/informant
are brothers-in-law in relation and it is also evident that
because of the close association and as would appear from the
FIR, there being a dispute with regard to performing Puja at a
temple, the FIR has come into existence.
11. An injury report prepared prior to the alleged
assault time, contradicts the FIR making allegations absurd and
inherently improbable, which would be covered by the
categories defined by the Hon'ble Supreme Court in the case of
Bhajan Lal and Others (supra).
12. In view of such glaring anomaly where the
medical examination report has been prepared prior to the time
of occurrence, the same amounts to using the court as a
Patna High Court CR. MISC. No.50339 of 2024 dt.24-02-2026
platform to settle personal scores and it tantamount to abuse of
process of law and therefore, if the FIR is allowed to sustain
and a criminal trial is allowed to initiate on the basis of such
allegations, the same would be travesty of justice which a
constitutional court should not allow.
13. In view of the above, the F.I.R being Danapur
P.S. Case No. 415 of 2024, and the entire criminal proceeding
based on such is hereby quashed.
14. The application stands allowed.
(Sourendra Pandey, J)
aditya/-
AFR/NAFR
CAV DATE
Uploading Date 26.02.2026.
Transmission Date
