Disclaimer: This has been reported after the availability of the order of the Court and not on media reports so as to give an accurate report to our readers.
Patna High Court: In an application filed by Santosh Kumar Suman, Cabinet Minister, Government of Bihar, seeking quashing of an assault case filed against him, the Single Judge Bench of Sandeep Kumar, J., allowed the application, holding that there was no allegation of assault against him and he was merely addressing the gathering.
Background
According to the prosecution, the police received information that some people were blocking the road at Domuhane Chowk. Upon their arrival, they found that some people, armed with sticks, were burning tyres, shouting, and misbehaving with commuters. Additionally, Santosh Kumar and three others were addressing the gathering via a loudspeaker.
Despite the assurance given by the government officials about redressal of their grievances, the crowd did not comply. Upon instigation by two of the co-accused, the crowd insulted a woman who had to be rescued by the police, and in the process, the Station House Office was assaulted.
Ultimately, the Deputy Superintendent of Police reached the place of the incident, and the blockade was removed. Accordingly, an fir was filed against Santosh Kumar and other accused under Sections 109, 147, 148, 149, 188, 341, 323, 325, 338, 354(B), 333, 363, 427, 504 of the Penal Code, 1860, Section 72 of Bihar Police Act, 2007, and Section 4 of the Prevention of Damage of Public Property Act, 1984.
Analysis
Upon perusal of the FIR and considering the submissions, the Court held that there was clearly no allegation of assault against Santosh Kumar and he was only addressing the gathering, which did not support the prosecution’s case.
Accordingly, the Court allowed the application and quashed the impugned order passed by the Trial Court qua Santosh Kumar.
[Santosh Kumar Suman v. State of Bihar, Criminal Miscellaneous No.43944 of 2021, decided on 03-02-2026]
Advocates who appeared in this case:
For the petitioner: Dinu Kumar, Ritika Rani, Vardhan Mangalam
For the respondent: AG, Jharkhandi Upadhyay
Buy Penal Code, 1860 HERE
