IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.608 of 2026 Arising Out of PS. Case No.-198 Year-2025 Thana- ARER District- Madhubani ======================================================

Yadubir Jha S/O Late Mahendra Jha R/O Village- Arer Dih Tola, P.S- Arer, Distt.- Madhubani.

... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ======================================================

Appearance :

For the Petitioner/s : Mr.Rakesh Kumar Soni, Adv.

For the Opposite Party/s : Mr.Shailendra Kumar Singh, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER

2 19-01-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Learned counsel for the petitioner seeks permission to add the informant as O.P. No. 2 during course of the day.

3. Permission is accorded.

4. Learned counsel for the petitioner is permitted to make necessary correction in the cause title page as well as paragraph no. 16 and the Vakalatnama with regard to the age of the petitioner.

5. The petitioner has made the following prayer in this application :-

“That this is an application for quashing of the F.I.R. of Arer P.S. Case No. 198 of 2025 instituted for the offences under Sections 126(2), 115(2), 118(1), 303(2) and 3(5) of the B.N.S.”

6. Learned counsel for the petitioner submits that the petitioner has been dragged in the present case on the basis of false and concocted story, only when an F.I.R. was lodged against one Bauwa Saheb Mishra and others. It has further been submitted that on the same day, a false and concocted case was lodged at the behest of the said Bauwa Sahab Mishra through his henchman namely, Md. Ismail, who is the informant of the present case. Learned counsel for the petitioner submits that the petitioner was brutally assaulted and was under the treatment at Sadar Hospital, Madhubani and after two days of his treatment, he had submitted an online application to the police, however, no case was registered thereon and ultimately when the representation was made to the superior officials, an F.I.R. was lodged by police on the report of the petitioner. It has further been submitted that the police being hand in gloves with the accused of the said case Bauwa Sahab Mishra, lodged the present case against the petitioner on false and concocted story. It has further been submitted that the petitioner is 70 years old person and the present F.I.R. is nothing but a case of malicious prosecution.

7. After hearing the learned Senior counsel for the petitioner and the learned A.P.P. for the State, let notice be issued to the newly added Opposite Party No. 2 through both modes i.e. registered cover with A/D as well as the ordinary process for which requisites etc., must be filed within one week, failing which this application shall stand dismissed without further reference to the Bench.

8. List this case on 17^th of February, 2026, at 2:15 P.M.

9. In the meantime, further proceeding of the learned Court below in connection with Arer P. S. Case No. 198 of 2025 shall remain stayed with respect to the petitioner.

(Sourendra Pandey, J)

Gautam/- U T