Yadu Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3413 of 2024 Arising Out of PS. Case No.-314 Year-2015 Thana- MANER District- Patna ====================================================== 1.

Yadu Prasad Singh, S/O Ram Pukar Singh, R/O Village- Nilkanth Tola Goriya Asthan, P.S- Maner, Distt.- Patna.

2.

Ram Narayan Rai, S/O Lae Ram Pravesh Rai, R/O Village- Nilkanth Tola Goriya Asthan, P.S- Maner, Distt.- Patna.

3.

Bir Bahadur Rai, S/O Late Ram Anuj Rai, R/O Village- Nilkanth Tola Goriya Asthan, P.S- Maner, Distt.- Patna.

4.

Brij Nandan Kumar, S/O Harihar Rai, R/O Village- Nagwan Sadikpur Bagicha, P.S- Maner, Distt.- Patna.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoranjan Kumar, Advocate For the State :

Ms Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 13-01-2026 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The present application has been filed by the petitioners invoking the inherent jurisdiction of this Hon'ble Court for quashing the order dated 21.06.2018 passed by the learned Additional Chief Judicial Magistrate-VI, Danapur in connection with Maner P.S. Case No. 314 of 2015 by which

Patna High Court CR. MISC. No.3413 of 2024(2) dt.13-01-2026 2/3 cognizance for the offence under Sections 143, 147, 149, 332, 353, 504 of the Indian Penal Code has been taken against the petitioners.

3. Learned counsel for the petitioner submits that from mere perusal of the FIR it would be evident that a few sections in which cognizance has been taken is not prima facie being made out. It has further been submitted that there is no allegation of any assault upon the informant or any other person still the learned Magistrarial Court has gone on to take cognizance under Sections 353 and 504 of the IPC. It has next been submitted that almost six places of occurrence have been clubbed into one and no prima facie case is being made out.

4. From perusal of the impugned order, it seems that the learned Trial Court has proceeded ahead on the basis of charge-sheet submitted against the petitioner and others on account of the occurrence which have taken place at six different places when there was road blockage.

5. In my consideration, the application at this stage seems to be premature and the petitioner has challenged the order taking cognizance. However, in view of such submissions, a liberty is being given to the petitioner to raise all such points at the time of framing of charge.

Patna High Court CR. MISC. No.3413 of 2024(2) dt.13-01-2026 3/3

6. The application is disposed off with the aforesaid observation.

(Sourendra Pandey, J) manoj/- U T