IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57457 of 2019 Arising Out of PS. Case No.-114 Year-2019 Thana- SASARAM NAGAR District- Rohtas ====================================================== 1. VIKASH KUMAR SINGH @ VIKASH KUMAR @ BISHAL SINGH Son of Sri Lal Bahadur Singh Resident of Mohallah- Civil Line, Near Sat Paul School, Ward No. 9, P.S.- Sasaram (Model), District- Rohtas at Sasaram (Bihar) 2. Birendra Kumar Son of Sri Yaduvansh Singh Resident of Mohallah- Raj Colony, Gali No. 5, Ward No.9, P.S.- Sasaram (Model), District- Rohtas at Sasaram ... ... Petitioner/s Versus 1. THE STATE OF BIHAR Bihar 2. Amit Kumar Son of Sri Abhay Kumar Singh Resident of Mohallah- Company Sarai, Ward No.12, P.S.- Sasaram (Model), District- Rohtas at Sasaram (Bihar) ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Lallan Pandey, Advocate For the Opposite Party/s : Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 4 20-01-2026 Heard learned counsel for the petitioners and learned A.P.P. for the State. 2. This application has been filed on behalf of the petitioners for setting aside/quashing the order of cognizance dated 27.04.2019 by which the learned Chief Judicial Magistrate, Rohtas at Sasaram took cognizance under Sections 341/ 323/ 504/ 506/ 379/ 34 of the Indian Penal Code against the petitioners in connection with Sasaram (Model) P.S. Case No. 114/2019. 3. As per the prosecution case, the informant alleged Patna High Court CR. MISC. No.57457 of 2019(4) dt.20-01-2026 2/3 that on 14.02.2019 the accused, Vikash Kumar and his associates, assaulted him, robbed money and a gold chain, threatened him with a pistol and demanded ransom. 4. Learned counsel for the petitioners submits that from the reading of the FIR, it appears to be a false and fabricated case. 5. The learned counsel for the petitioners has relied upon a judgment of the Hon’ble Supreme Court passed in the case of State of Haryana & Ors v. Bhajan Lal & Ors, 1992 Supp (1) SCC 335 and has submitted that the present prosecution is a mala-fide one and the same is nothing but an abuse of the process of the court. 6. Per-contra, the learned APP for the State has opposed the application of the petitioners. 7 . The Hon’ble Supreme Court in the case of Bhajan Lal (Supra) has held that mala – fide prosecution should not be allowed to continue. 8. On careful examination of the materials available on record, this Court finds that the allegations against the petitioners are mala-fide and the complaint has been filed by the complainant against the petitioners in order to falsely implicate them in a concocted case. Patna High Court CR. MISC. No.57457 of 2019(4) dt.20-01-2026 3/3 9 . Considering the aforesaid facts and circumstances of the case and the law laid down by the Hon’ble Supreme Court in the case of Bhajan Lal (supra) , the application stands allowed. 10 . Accordingly, the cognizance dated 27.04.2019 passed by the learned Chief Judicial Magistrate, Rohtas at Sasaram in Sasaram (Model) P.S. Case No. 114/2019 and all the consequential proceedings arising out of the aforesaid complaint case are hereby quashed. 11 . Pending application(s), if any, shall also stand disposed of. tusharika/- (Sandeep Kumar, J) U T