Dismissed¶¶27

Amit Kumar Manjhi @ Santosh Manjhi @ Amit Manjhi v. the State of Bihar

Patna HC2 Sept 2025CR. APP (SJ)/1159/2024

Case brief

AI extract

What is this about?

Quashing of cognizance order refused; Patna High Court; Criminal Appeal (SJ) No.1159 of 2024; dismissed at admission stage; cognizance differing from police final form/clean chit; application of judicial mind at cognizance stage; Sections 147, 149, 302, 504, 506 IPC; Sections 3(1)(r)(s), 3(2)(v) SC/ST (POA) Act; Exclusive Special Judge SC/ST Saran at Chapra; Panapur P.S. Case No. 101 of 2022; case diary paragraphs relied upon; general and omnibus caste-name abuse allegations; murder of informant's son Rajendra Kumar.

What did the court decide?

None — the criminal appeal was dismissed at the stage of admission itself and the impugned cognizance order dated 25.08.2023 was left undisturbed. ¶¶27

Amit Kumar Manjhi @ Santosh Manjhi @ Amit Manjhi… — Murder and Culpable Homicide | Patna HC (2025)

What the court decided

AI extract

Outcome

None — the criminal appeal was dismissed at the stage of admission itself and the impugned cognizance order dated 25.08.2023 was left undisturbed.

¶¶27

Issue for consideration

Whether the cognizance order dated 25.08.2023 passed by the learned Exclusive Special Judge, SC/ST, Saran at Chapra — taken after differing from the police final form which gave clean chit to the appellant, and on allegations described as general and omnibus — suffered from non-application of judicial mind and was liable to be quashed.

¶¶22

Court's answer

On perusal of the order dated 25.08.2023 passed by the learned Exclusive Special Judge, SC/ST, Saran at Chapra, this Court found that it was passed with due application of mind and that the learned trial court specifically assigned reasons for taking cognizance against the appellant.

¶¶24

Ratio / Principle

Considering the facts and circumstances, a prima facie case was found against the appellant having regard to the accusations in the First Information Report and the material available on record; accordingly, this Court was not inclined to interfere with the impugned order dated 25.08.2023.

¶¶26

Detailed headnote1 paragraphs

Patna High Court (Alok Kumar Pandey, J., oral judgment dated 02-09-2025) dismissed at the admission stage a Criminal Appeal (SJ) seeking quashing of the cognizance order dated 25.08.2023 passed by the Exclusive Special Judge, SC/ST, Saran at Chapra in Panapur P.S. Case No. 101 of 2022, SC/ST 126 of 2023, whereby cognizance was taken against the appellant under Sections 147, 149, 302, 504 and 506 of the IPC and Sections 3(1)(r)(s), 3(2)(v) of the SC/ST Act. Although investigation had ended in a final form giving clean chit to the appellant (with charge sheet against co-accused), the trial court had differed from the Investigating Officer's opinion and referred to specific case diary paragraphs. The Court held that the impugned order showed due application of mind with reasons specifically assigned, found a prima facie case against the appellant on the FIR accusations and record, and declined to interfere.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1159 of 2024

¶2

Arising Out of PS. Case No.-101 Year-2022 Thana- PANAPUR District- Saran

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======================================================

¶4

AMIT KUMAR MANJHI @ SANTOSH MANJHI @ AMIT MANJHI S/O LATE MADAN MANJHI R/O VILLAGE- SEMARI, P.S- PANAPUR, DISTT.- SARAN CHAPRA.

¶5

... ... Appellant/s

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Versus

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THE STATE OF BIHAR BIHAR

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UMESH RAM S/O LATE CHATURI RAM R/O VILLAGE- SEMARI, P.SPANAPUR, DISTT.- SARAN CHAPRA.

¶9

... ... Respondent/s

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====================================================== Appearance : For the Appellant/s : Mr.Rajani Kumari For the Respondent/s : Mr.Binay Krishna

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======================================================

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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT

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Date : 02-09-2025

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Heard both sides.

¶15

The present appeal has been filed for quashing the cognizance order dated 25.08.2023 passed in connection with Panapur P.S. Case No. 101 of 2022, SC/ST 126 of 2023 by learned Exclusive Special Judge, SC/ST, Saran at Chapra whereby and whereunder the learned trial court took cognizance against the appellant under Section 147, 149, 302, 504 and 506 of the IPC and Section 3(1)(r)(s), 3(2)(v) of the SC/ST Act.

¶16

As per prosecution case, eleven accused persons including the appellant armed with iron rod, lathi and danda came at the door of informant and took away the informant’s son, namely, Rajendra Kumar to the house of co-accused

¶17

Patna High Court CR. APP (SJ) No.1159 of 2024 dt.02-09-2025 2/4

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Ramayan Mahto. It is alleged that all the accused persons assaulted the informant’s son indiscriminately as a result of which informant’s son became unconscious and, thereafter, aforesaid persons threw the informant’s son at the door of informant in unconscious and injured condition. It is alleged that all the accused persons abused the informant by calling his caste name. It is alleged that informant’s son was taken to Sadar Hospital, Chapra and, thereafter, he was referred to Patna for better treatment. It is alleged that informant’s son was admitted in Medivision Hospital, Patna where during the course of treatment the doctor declared informant’s son dead.

¶19

On the basis of said written statement, Panapur P.S. Case No. 101 of 2022, SC/ST 126 of 2023 has been registered for the offences punishable under Sections 147, 149, 302, 504, 506 of the IPC and Sections 3(1)(r)(s) of the SC/ST (POA) Act.

¶20

Learned counsel for the appellant has submitted that after investigation, police has submitted the final form in favour of appellant. He further submits that charge sheet has been submitted against the other co-accused persons. He further submits that the learned trial court has taken cognizance after differing from the final form which has given clean chit to the

¶21

Patna High Court CR. APP (SJ) No.1159 of 2024 dt.02-09-2025 3/4

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appellant. He further submits that there is general and omnibus allegation levelled against the appellant that he has abused the informant by his caste name and assaulted the informant’s son. He further submits that the learned trial court has not applied his judicial mind at the time of passing of impugned order. In the light of aforesaid fact, order passed by the concerned court is not justified and legal and same is fit to be set aside.

¶23

Learned counsel for the State submits that while passing the impugned order on 25.08.2023, the learned trial court differing from the opinion of Investigating Officer and took cognizance against the appellant on the basis of material available on record. He further submits that the learned trial court specifically mentioned paragraph no. 6, 7, 20, 22, 23, 24, 147, 148, 150 of the case diary where the informant and other witnesses has supported appellant’s participation in the alleged crime and the same cannot be ruled out.

¶24

From perusal of the order dated 25.08.2023 passed by learned Exclusive Special Judge, SC/ST, Saran at Chapra in Panapur P.S. Case No. 101 of 2022, SC/ST 126 of 2023, it appears that same has been passed with due application of mind and the learned trial court has specifically assigned reason for taking cognizance against the appellant.

¶25

Patna High Court CR. APP (SJ) No.1159 of 2024 dt.02-09-2025 4/4

¶26

Considering the facts and circumstances of the case and also that a prima facie case has been found against the appellant having regard to the accusations in the First Information Report and the material available on the record, this Court is not inclined to interfere with the impugned order dated 25.08.2023.

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Accordingly, the present appeal is dismissed at the stage of admission itself.

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(Alok Kumar Pandey, J)

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alok/-

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AFR/NAFR	NAFR
CAV DATE	N.A.
Uploading Date	03.09.2025.
Transmission Date	03.09.2025.

Amit Kumar Manjhi @ Santosh Manjhi @ Amit Manjhi v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Amit Kumar Manjhi @ Santosh Manjhi @ Amit Manjhi v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

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