Quashed¶26

Dhiraj Kumar v. The State of Bihar

Patna HC25 Jul 2025CR. MISC./33537/2024

Case brief

AI extract

What is this about?

FIR quashed - duplicate/second FIR on similar allegations for the same offence; Bagaha P.S. Case No.606 of 2020 (Ss.120B, 406, 420, 465, 467, 471 IPC) versus Jakkanpur P.S. Case No.20 of 2015; informant Niraj Kumar (own brother of petitioner Dhiraj Kumar) was a co-accused in the first FIR; second FIR flowed from informant's Complaint C-577 of 2020 before ACJM Bagaha; counter-affidavit recording settlement/compromise of all disputes, informant's no-objection to quashing; investigation continuing, no charge-sheet submitted; quashing application allowed - FIR quashed; Patna High Court Cr.Misc. No.33537 of 2024, Justice Satyavrat Verma, 25-07-2025; West Champaran (Bagaha).

What did the court decide?

Quashing of the FIR, i.e. Bagaha P. S. Case No. 606 of 2020 dated 12.10.2020, instituted under Sections 120B, 406, 420, 465, 467 and 471 of the I.P.C.

Dhiraj Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of the FIR, i.e. Bagaha P. S. Case No. 606 of 2020 dated 12.10.2020, instituted under Sections 120B, 406, 420, 465, 467 and 471 of the I.P.C.

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Issue for consideration

Whether the second FIR (Bagaha P. S. Case No. 606 of 2020), whose allegations are similar to those in Jakkanpur P. S. Case No. 20 of 2015 instituted by Munindra Kumar - i.e., two FIRs for the same offence - should be allowed to stand. +1 more

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Ratio / Principle

After hearing the learned counsel for the parties, and in view of the stand taken by opposite party no.2 in the counter-affidavit (all disputes settled; case compromised with all accused including the petitioner; informant not wanting to pursue the case and having no objection to quashing), the Court quashed the FIR, i.e. Bagaha P. S. Case No. 606 of 2020 dated 12.10.2020, instituted under Sections 120B, 406, 420, 465, 467 and 471 of the I.P.C. The Court did not separately adjudicate the two-FIR/same-offence question as a matter of law.

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Detailed headnote1 paragraphs

Patna High Court (Satyavrat Verma, J.), Criminal Miscellaneous No.33537 of 2024 (arising out of Bagaha P.S. Case No.606 of 2020, Thana Bagha, West Champaran) - quashing of FIR. Petitioner Dhiraj Kumar and opposite party no.2-informant Niraj Kumar are own brothers. The informant had been a co-accused with the petitioner in Jakkanpur P.S. Case No.20 of 2015 (12.01.2015), instituted by Munindra Kumar on his Complaint Case No.26228(C) of 2014 before the CJM, Patna. The informant thereafter instituted Complaint Case No.C-577 of 2020 (16.09.2020) before the ACJM, Bagaha against the petitioner and five others, on which Bagaha P.S. Case No.606 of 2020 (12.10.2020) under Sections 120B, 406, 420, 465, 467 and 471 IPC was registered; Munindra Kumar is not an accused therein. Counsel questioned whether a second FIR repeating the first FIR's allegations for the same offence could stand. By counter-affidavit, opposite party no.2 recorded that, on intervention of well-wishers and common relatives, all disputes stood settled and the case was compromised with all accused including the petitioner; he did not wish to pursue the case and had no objection to quashing, his counsel also not disputing the similarity of allegations. Investigation was continuing and no charge-sheet had been filed. On this basis the Court quashed the FIR.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.33537 of 2024

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Arising Out of PS. Case No.-606 Year-2020 Thana- BAGHA District- West Champaran

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

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Dhiraj Kumar, Son of Shri Prem Chandra Prasad Resident of Bhargavi Complex, Dumwalia, P.S.- Bagaha (Pathkhauli), Dist.- West Champaran

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... ... Petitioner/s

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Versus

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The State of Bihar

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Niraj Kumar, Son of Premchandra Prasad R/o Bhargavi Complex, Damvaliya, P.S.- Bagha (Pathkhauli), Dist.- West Champaran

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... ... Opposite Party/s

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=================== Appearance :	===================================
For the Petitioner/s :	Mrs. Nivedita Nirvikar- Sr. Advocate Ms. Shashi Priya – Advocate Mr. Amar Shakti- Advocate Mr. Shashank Sheohar- Advocate
	Mr. Kushagra Kaustub Ojha- Advocate Mr. Ashmita Bharti- Advocate Mr. Praveen Kumar- Advocate Mr. Arya Achint- Advocate Ms. Supragya- Advocate
For the Opposite Party/s : ===================	Mr. Ram Bilash Roy Raman- A.P.P. Mr. Vijay Kumar- Advocate ===================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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4 25-07-2025

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Heard learned counsel for the petitioner Ms. Shashi Priya, learned APP for the State Mr. Ram Bilash Roy Raman and the learned counsel appearing on behalf of the informant Mr. Vijay Kumar.

¶14

The learned counsel appearing on behalf of the petitioner submits that petitioner and the opposite party no.2 are own brothers. It is next submitted that one Munindra Kumar had instituted Jakkanpur P. S. Case No.20 of 2015 dated 12.01.2015 against the petitioner herein and other named accused persons. It

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Patna High Court CR. MISC. No.33537 of 2024(4) dt.25-07-2025 2/4

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is next submitted that Jakkanpur P. S. Case No.20 of 2015 was instituted based on a complaint filed by Munindra Kumar, being Complaint Case No.26228(C) of 2014 in the Court of the learned Chief Judicial Magistrate, Patna. It is next submitted that in Jakkanpur P. S. Case No.20 of 2015, apart from the petitioner, there were other accused persons including one Neeraj Kumar, who is own brother of the petitioner herein and is also the informant of the instant FIR i.e. Bagaha P. S. Case No. 606 of 2020.

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It is further submitted that Neeraj Kumar, who was an accused in Jakkanpur P. S. Case No. 20 of 2015 instituted Complaint Case No. C-577 of 2020 dated 16.09.2020 in the Court of the learned Additional Chief Judicial Magistrate, Bagaha, West Champaran against the present petitioner and five other accused persons, based on which Bagaha P. S. Case No. 606 of 2020 dated 12.10.2020 was instituted. It is next submitted that in Bagaha P. S. Case No. 606 of 2020, Munindra Kumar the informant of Jakkanpur P. S. Case No. 20 of 2015 is not an accused.

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The learned counsel for the petitioner further submits that instant quashing application has been filed seeking quashing of Bagaha P. S. Case No. 606 of 2020 dated

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Patna High Court CR. MISC. No.33537 of 2024(4) dt.25-07-2025 3/4

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12.10.2020 on the ground that allegation as alleged in Bagaha P. S. Case No. 606 of 2020 is similar to the allegation as alleged in Jakkanpur P. S. Case No.20 of 2015 instituted by Munindra Kumar. It is thus submitted that for the same offence, two FIR have been instituted. It is reiterated and submitted that all named accused in Jakkanpur P. S. Case No. 20 of 2015 have been made accused in Bagaha P. S. Case No. 606 of 2020 by Niraj Kumar, who is also an accused in Jakkanpur P. S. Case No. 20 of 2015.

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It is next submitted that when allegation in the second FIR i.e. Bagaha P. S. Case No. 606 of 2020 is similar to the allegation as alleged in Jakkanpur P. S. Case No. 20 of 2015 whether the second FIR would be allowed to stand.

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The the learned counsel appearing on behalf of the opposite party no.2 submits that a counter-affidavit has been filed wherein it has been specifically stated at Para-2 that on intervention of friends, well-wishers and common relatives of both the parties, all disputes have been settled against all the accused persons of this case, as such, the case has been compromised in between the informant (Niraj Kumar) and accused persons of the instant case including Dhiraj Kumar (petitioner herein). It is also pleaded that the informant does not want to pursue the instant case any further. It is thus submitted

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Patna High Court CR. MISC. No.33537 of 2024(4) dt.25-07-2025 4/4

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that informant will have no objection in the event, if Bagaha P. S. Case No. 606 of 2020 dated 12.10.2020 is quashed. The learned counsel appearing on behalf of the informant also does not dispute the fact that the allegation as alleged in the instant FIR is akin to the allegations alleged in Jakkanpur P. S. Case No.20 of 2015.

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At this stage, the learned counsel appearing on behalf of the petitioner submits that investigation in the case is still continuing and charge-sheet has not been submitted.

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After hearing the learned counsel for the parties and in view of the stand taken by the opposite party no.2 in the counter-affidavit, the FIR i.e. Bagaha P. S. Case No. 606 of 2020 dated 12.10.2020 instituted under Sections 120B, 406, 420, 465, 467 and 471 of the I.P.C. is hereby quashed.

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(Satyavrat Verma, J)

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vikash/-

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U T

Procedural history

How this case reached the court

AI extract

Order under challenge
FIR Bagaha P. S. Case No. 606 of 2020 dated 12.10.2020 (instituted under Sections 120B, 406, 420, 465, 467 and 471 of the I.P.C.), whose quashing was sought by the petitioner and which was ultimately quashed on the basis of opposite party no.2's stand in his counter-affidavit¶26
Bagaha P.S. (Thana Bagha), District West Champaran · 12.10.2020
Prior proceeding
Complaint Case No.26228(C) of 2014 filed by Munindra Kumar in the Court of the learned Chief Judicial Magistrate, Patna.¶16
Prior proceeding
Jakkanpur P. S. Case No.20 of 2015 dated 12.01.2015 instituted by Munindra Kumar against the petitioner and other named accused persons.¶14
Prior proceeding
Among the accused in Jakkanpur P. S. Case No.20 of 2015 was Neeraj Kumar, own brother of the petitioner, who is also the informant of the instant FIR (Bagaha P. S. Case No. 606 of 2020).¶16
Prior proceeding
Complaint Case No. C-577 of 2020 dated 16.09.2020 instituted by Neeraj Kumar (an accused in the Jakkanpur case) in the Court of the learned Additional Chief Judicial Magistrate, Bagaha, West Champaran against the petitioner and five other accused persons.¶17
Prior proceeding
Bagaha P. S. Case No. 606 of 2020 dated 12.10.2020 instituted based on Complaint Case No. C-577 of 2020.¶17
Prior proceeding
Munindra Kumar, the informant of Jakkanpur P. S. Case No. 20 of 2015, is not an accused in Bagaha P. S. Case No. 606 of 2020.¶17
Prior proceeding
Counter-affidavit of opposite party no.2 records that, on intervention of friends, well-wishers and common relatives, all disputes have been settled and the case compromised between the informant (Niraj Kumar) and all accused including Dhiraj Kumar (petitioner); the informant does not want to pursue the case further.¶22
Prior proceeding
Informant submits he will have no objection if Bagaha P. S. Case No. 606 of 2020 dated 12.10.2020 is quashed.¶24
Prior proceeding
Learned counsel for the informant does not dispute that the allegations in the instant FIR are akin to those in Jakkanpur P. S. Case No.20 of 2015.¶24
Prior proceeding
Investigation in the case is still continuing; charge-sheet has not been submitted.¶25

Dhiraj Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Dhiraj Kumar 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

Parties & counsel

Coram

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