IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.89090 of 2024 Arising Out of PS. Case No.-8593 Year-2023 Thana- PATNA COMPLAINT CASE District-

Patna ======================================================

1. Jay Prakash Sharma, S/o Late Prem Chandra Sharma, R/o Quarter No. 03, Ground Floor, Type-IV, NIT Patna Campus, P.O. and P.S. - Pirbahore, District - Patna.

2. Osho, S/o Jay Prakash Sharma, R/o Quarter No. 03, Ground Floor, Type-IV, NIT Patna Campus, P.O. and P.S. - Pirbahore, District - Patna. A/P Working as Software Engineer in Centelon at Bangluru.

3. Binod Kumar Chaubey, S/o Late Haribansh Chaubey, R/o New Mainpura, P.O. and P.S. - Danapur, District - Patna.

... ... Petitioner/s Versus

1. The State of Bihar.

2. Ambika Rai, Son of Late Ram Baran Rai, R/o Village- Ganjpur, P.O. and P.S. - Athmangola, District – Patna, at present residing at National Institute of Technology Patna Campus, P.S. - Pirbahore, District - Patna.

... ... Opposite Party/s ======================================================

Appearance :

For the Petitioner/s : Mr. Y.V. Giri, Sr. Adv.

Mr. Sanjay Kumar Giri, Adv.

Mr. Mritunjay Harsh, Adv.

For the O.P. No. : Mr. Gopal Govind Mishra, Adv.

For the State : Mr. Ram Priya Sharan Singh, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY C.A.V. JUDGMENT Date : 12-02-2026 Heard Mr. Y.V. Giri, the learned Senior Advocate, assisted by Mr. Sanjay Kumar Giri and Mritunjay Harsh, the learned Advocates for the petitioners and Mr. Gopal Govind Mishra, the learned counsel for the complainant/opposite party No. 2. The State has been represented by Mr. Ram Priya Sharan Singh, the learned Addl. Public Prosecutor.

2. This is an application seeking quashing of the order dated 05.04.2024 passed by the Court of learned Additional Chief Judicial Magistrate-X, Patna in connection with Complaint Case No. 8593 (C) of 2023, whereby cognizance has been taken against the petitioners for the offences under Sections 323, 341, 379 and 34 of the Indian Penal Code (hereinafter referred to as the I.P.C.) as also seeking quashing of all consequent proceedings initiated pursuant thereto.

3. The facts giving rise to the present application is to the effect that one complaint was filed alleging therein that the complainant/opposite party No. 2 was an ex-serviceman and working as a Security Guard at National Institute of Technology, Patna (hereinafter referred to as the N.I.T., Patna) under petitioner No. 1, namely, Jay Prakash Sharma. It has been alleged that the petitioner No. 1 used to take domestic help from the complainant/opposite party No. 2 and has cut down a Sheesham tree within the campus of N.I.T., Patna and when the complainant/opposite party No. 2 refused to help him, the petitioner No. 1 got aggrieved and started playing mischief in the attendance register and also threatened him to deposit one month salary with him if he wants to continue in job. It has further been alleged that the petitioner No. 1 had earlier got ousted three Supervisors and three Security Guards from their jobs. It has next been alleged that on 05.09.2023, while the complainant/opposite party No. 2 was going to his village with Rs. 60,000/- in cash, the accused persons along with other unknown persons snatched away the said cash and also the gold chain and threatened him of dire consequences.

4. On such complaint made by the complainant/opposite party No. 2, the learned Additional Chief Judicial Magistrate-X, Patna took cognizance of the offences under Sections 323, 341, 379 and 34 of the I.P.C. against the petitioners vide order dated 05.04.2024.

5. Being aggrieved by the impugned order taking cognizance, Mr. Y.V. Giri, the learned Senior Advocate appearing on behalf of the petitioners, submits that the petitioner No. 1 is working as Assistant Registrar (General Administration)-Cum-Security Incharge at N.I.T., Patna and he also happens to be an ex-serviceman. It has been submitted that the petitione