IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3699 of 2025 Arising Out of PS. Case No.-323 Year-2024 Thana- JAYNAGAR District- Madhubani ======================================================

Sonu Kumar Gupta, S/O Ashok Kumar Gupta, R/O Shahid Chowk, Ward No.

14, P.S- Jaynagar, Distt.- Madhubani.

... ... Petitioner/s Versus

1. The State of Bihar

2. Jayendra Singh, S/O Late Prithvi Singh, R/O Village- Kariyakh, P.O-

Raithal, Distt.- Uttar Kashi (Uttrakhand), Presently designated and posted as A.S.I-Cum-Commandar of 48th Battalion S.S.B Deployed at Sima Chauki, Baitaunha.

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

Appearance :

For the Petitioner/s : Mr. Vikash Kumar Jha, Advocate For the Opposite Party/s : Mr. Arun Kumar, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER

2 22-01-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The present application has been filed by the petitioner invoking the inherent jurisdiction of this Hon’ble Court for quashing the order dated 16.12.2024 passed by the learned Chief Judicial Magistrate, Madhubani in Jaynagar P.S. Case No.323 of 2024 by which cognizance for the offence under Sections 14(b), 14(c) of the Foreigners Act, 1946 and Section 12(3) of the Passports Act, 1967 has been taken against the petitioner.

3. The facts of the case giving rise to the present application is to the effect that an FIR came to be lodged by the Shahayak Upnirchhak (ASI), SSB, Madhubani, alleging therein that the accused, Craig Allen Moore and Muni Sah, are citizens of the United States of America and were holders of passports bearing passport Nos.A07196056 and 669732407. It has been submitted that a car was intercepted at the borders of Nepal and the two American citizens were apprehended along with the driver, namely, Ram Hriday Singh. When the foreigner nationals were interrogated, they disclosed that they had come to Jay Nagar along with their relative Sonu Kumar Gupta (petitioner) and stayed at Jay Nagar for four days and thereafter they were going back to Nepal by a rented car. They even disclosed that they had their passports, a visa for Nepal and e-tourists visa to enter India. The informant checked their passport and it was found that the Indian immigration stamp was not there on the passport and, therefore, it was presumed that the foreign nationals were staying in India illegally.

4. On such written report, Jay Nagar P.S. Case No.

323 of 2024 was registered for the offences under Sections 14(b) and 14(c) of the Foreigners Act, 1946 and Section 12(3) of the Passports Act, 1967.

5. Pursuant to the lodging of the FIR, the police submitted charge-sheet for the offences under Sections 14(b)

and 14(c) of the Foreigners Act, 1946 and Section 12(3) of the Passports Act.

6. From the records, it is evident that the two accused persons who were foreign nationals were even granted bail on

18.02.2024.

7. The learned Court of Chief Judicial Magistrate, Madhubani, took cognizance of the offences alleged against the petitioner, as submitted in the charge-sheet and thereafter on 02.01.2025 charges were framed against the petitioner and others under Sections 14(b) and 14(c) of the Foreigner Act and Section 12(3) of the Passports Act.

8. Learned counsel for the petitioner submits that the order taking cognizance is bad in law as well as on facts. It has been submitted that the learned Chief Judicial Magistrate has mechanically passed the impugned order without application of judicious minds, even if the allegations are taken on its face value no offence is made out against the petitioner.

9. It has been submitted that from the allegations levelled in the F.I.R., no culpable action can be attributed to the petitioner, who is admittedly an Indian citizen. Baring the statement of the apprehended foreign nationals' relatives, who stated that they had come along with this petitioner to Jayn