Allowed¶41

Manoj Kumar v. State Of Bihar and Anr.

Patna HC6 Jan 2026CR. MISC./44772/2015

Case brief

AI extract

What is this about?

Patna HC quashes cognizance (Ss. 342/504/506/34 IPC) in Complaint Case 484(C)/2015 filed by dismissed bank officer against Chairman and Branch Manager of Madhya Bihar Gramin Bank; held counterblast to suspension/departmental proceedings, abuse of process; State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335 relied on; Crl.M. Nos. 44346 & 44772 of 2015, decided 06-01-2026 (Sandeep Kumar, J).

What did the court decide?

Quashing of the order of cognizance dated 03.08.2015 passed by the learned Judicial Magistrate, 1st Class, Biharsharif, Nalanda, and of the entire criminal proceeding arising therefrom. ¶41

Manoj Kumar Vs State Of Bihar and Anr. — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of the order of cognizance dated 03.08.2015 passed by the learned Judicial Magistrate, 1st Class, Biharsharif, Nalanda, and of the entire criminal proceeding arising therefrom.

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Issue for consideration

Whether the order of cognizance dated 03.08.2015 passed by the Judicial Magistrate, 1st Class, Biharsharif, in Complaint Case No. 484(C) of 2015 (offences under Sections 342, 504, 506 read with Section 34 IPC) and the criminal proceedings arising therefrom ought to be quashed, the complaint allegations disclosing no such offence and amounting to abuse of process.

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Court's answer

The allegations against the petitioners, even if taken in their entirety, do not disclose any of the offences under Sections 342, 504, 506, or 34 IPC.

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Ratio / Principle

The case is a counterblast to the suspension order and departmental proceedings, with no prima facie material to substantiate the allegations of criminal conduct; continuation of the criminal proceedings would amount to an abuse of the process of law.

¶38

Key takeaways

Considering the law laid down by the Hon'ble Supreme Court in Bhajan Lal (supra), both applications stand allowed and the order of cognizance dated 03.08.2015 and the entire criminal proceeding arising therefrom are quashed.ratio¶41

Detailed headnote1 paragraphs

Patna High Court (Sandeep Kumar, J.), decision dated 06-01-2026 - Criminal Miscellaneous Nos. 44346 and 44772 of 2015 (common order arising out of PS Case No. 484/2015, Nalanda complaint case). Applications by A.K. Bhatia @ Anil Kumar Bhatia (Chairman) and Manoj Kumar (Branch Manager), Madhya Bihar Gramin Bank, to quash the order of cognizance dated 03.08.2015 of the Judicial Magistrate, 1st Class, Biharsharif, in Complaint Case No. 484(C) of 2015, taking cognizance under Sections 342, 504, 506 read with Section 34 IPC on the complaint of Nawal Kishore Sharma, a suspended (subsequently dismissed) Officer Scale-II of the Bank, who alleged that his suspension was procured through a false application of Narayan Prasad, that he was threatened with suspension and dismissal on 16.01.2015, and that a bribe of Rs. 1 lakh was demanded from him on 27.04.2015. Held: the allegations, even taken in their entirety, disclose none of the offences invoked; the complaint is a counterblast to the suspension order and departmental proceedings, with no prima facie material of criminal conduct, and its continuance would amount to an abuse of the process of law. Relying on State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335, both applications were allowed and the cognizance order and the entire criminal proceeding arising therefrom were quashed.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.44346 of 2015

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Arising Out of PS. Case No.-484 Year-2015 Thana- NALANDA COMPLAINT CASE District- Nalanda

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

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A.k. Bhatia @ Anil Kumar Bhatia S/o Late S.C. Bhatia , at present posted as Chairman, Madhya Bihar Gramin Bank, Head Office, Meena

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... ... Petitioner/s

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Versus

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State Of Bihar

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Nawal Kishore Sharma Son of late Ram Bachan Sharma, resident of Kila Garhpar, Biharsharif, P.S.- Biharsharif, District- Nalanda, at present Officer Scale-II Under Suspension, having Head Quarter at Madhya Bihar Gramin Bank, Regional Office, Bhabhua.

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... ... Opposite Party/s

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

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with CRIMINAL MISCELLANEOUS No. 44772 of 2015

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Arising Out of PS. Case No.-484 Year-2015 Thana- NALANDA COMPLAINT CASE District- Nalanda

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

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Manoj Kumar S/O Sri Sachchidanand Sinha at present posted as Branch Manager, Madhya Bihar Gramin Bank, Branch Office, Keshri Nagar, Patna

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... ... Petitioner/s

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Versus

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State Of Bihar 2. Nawal Kishore Sharma son of Late Ram Bachan Sharma, resident of Kila Garhpar, Biharsharif, P.S.- Biharsharif, District- Nalanda, at present Officer Scale-II Under Suspension, having Head Quarter at Madhya Bihar Gramin Bank, Regional Office, Bhabhua

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... ... Opposite Party/s

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====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 44346 of 2015) For the Petitioner/s : Mr. Praveen Prabhakar For the Opposite Party/s : Mr. Md.Fahimuddin APP (In CRIMINAL MISCELLANEOUS No. 44772 of 2015) For the Petitioner/s : Mr. Praveen Prabhakar For the Opposite Party/s : Mr. Ajay Kumar Jha APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

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Both these applications are arising out of the same

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21 06-01-2026

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Patna High Court CR. MISC. No.44346 of 2015(21) dt.06-01-2026 2/5

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complaint case, therefore, with the consent of the parties, both the cases are being heard together and are being decided by this common order.

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2 . Heard the learned counsels for the petitioners and the learned APP for the State.

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3 . Both these applications have been filed for quashing of the order of cognizance dated 03.08.2015 passed by the learned Judicial Magistrate, 1^st Class, Biharsharif, Nalanda in Complaint Case No. 484(C) of 2015 by which the learned Judicial Magistrate took cognizance of the offences under Section 342, 504, 506 read with Section 34 of the Indian Penal Code against the petitioner.

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4 . The complaint in question has been filed by Nawal Kishore Sharma, an Officer Scale II (under suspension) of Madhya Bihar Gramin Bank, against the petitioners. The complainant alleges that he was suspended on the basis of false allegations made by Narayan Prasad, who allegedly entered into a financial dispute with the complainant during his posting as Branch Manager of the Aungari Branch of the Bank.

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5 . The complainant’s case, in brief, is that during his tenure at the Aungari branch, he had closed two fixed deposit accounts of Narayan Prasad and his wife and deposited the

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Patna High Court CR. MISC. No.44346 of 2015(21) dt.06-01-2026 3/5

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amounts into their savings account. Later, two new fixed deposit accounts of Rs. 50,000/- each were opened in the name of Narayan Prasad. It is alleged that due to a human error, the amounts were not properly transferred to the fixed deposit accounts. On a written application by Narayan Prasad, the amounts were eventually transferred on 03.01.2015.

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6 . The complainant further alleges that the petitioners, upon becoming aware of these facts, instructed Narayan Prasad to prepare a false application with malicious intent, which was forwarded to the Regional Office, Biharsharif. On 16.01.2015, the petitioners allegedly threatened the complainant with suspension and dismissal in the chamber of the Regional Officer and directed the suspension order to be issued. The complainant claims that despite approaching the petitioners for revocation of his suspension, he was avoided. He further alleges that on 27.04.2015, the petitioners demanded a bribe of Rs. 1 lakh from him, which, when the complainant refused to pay, resulted in threats, abuse, and insults.

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7 . The learned counsel for the petitioners submits that the allegations in the complaint are vague, baseless, and primarily relate to administrative matters and disciplinary action concerning the complainant's suspension. It is further argued

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Patna High Court CR. MISC. No.44346 of 2015(21) dt.06-01-2026 4/5

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that the allegations do not make out any offence under the provisions invoked by the complainant. He further submits that the petitioners are the higher bank officials who are being prosecuted at the instance of the O.P. No.2 who is a dismissed employee of the bank and his dismissal has been upheld by this Court in a writ proceeding vide C.W.J.C. No. 19650 of 2016 dated 05.04.2023.

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8 . The learned counsel for the State has vehemently opposed the application of the petitioners.

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9 . I have heard and considered the submissions of the parties and perused the materials available on record.

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10 . In the case of State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335 , the Hon’ble Supreme Court has held that mala-fide prosecution should not be allowed to continue.

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11 . Upon perusal of the complaint and the materials on record, it is evident that the allegations against the petitioners, even if taken in their entirety, do not disclose any of the offences under Sections 342, 504, 506, or 34 IPC.

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12 . The present case appears to be a counterblast to the suspension order and departmental proceedings, with no prima facie material to substantiate the allegations of criminal conduct. The continuation of the criminal proceedings would

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Patna High Court CR. MISC. No.44346 of 2015(21) dt.06-01-2026 5/5

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amount to an abuse of the process of law.

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13 . In view of the discussions made above and considering the law laid down by the Hon’ble Supreme Court in the case of Bhajan Lal (supra) , both these applications stand allowed. Accordingly, the order of cognizance dated 03.08.2015 passed by the learned Judicial Magistrate, 1st Class, Biharsharif, Nalanda, and the entire criminal proceeding arising therefrom, are hereby quashed.

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(Sandeep Kumar, J)

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Shishir/-

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Manoj Kumar v. State Of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

Manoj Kumar v. State Of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

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