Patna High Court
Shashi Kumar Mehta vs The State Of Bihar on 16 March, 2026
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33763 of 2022
Arising out of PS. Case No.-180 Year-2022 Thana- ARA NAGAR District- Bhojpur
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Shashi Kumar Mehta, S/o Ganga Sagar Singh @ Ganga Sagar Mehta, Resi-
dent of Khetari Mohallah, P.S.- Arrah (Town), District- Bhojpur at Ara, Pin
Code- 802301 (Bihar).
... ... Petitioner/s
Versus
1. The State of Bihar
2. Krishna Kumar Singh, S/o Late Radha Mohan Singh, In-Charge Head Clerk,
Ara Municipal Corporation, P.S.- Ara Town, District- Bhojpur at Ara (Bi-
har).
... ... Opposite Party/s
Appearance :
For the Petitioner/s : Mr. Uday Kumar, Advocate
For the Opposite Party/s: Mr. J.N. Thakur, APP
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CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL JUDGMENT
Date : 16-03-2026
Heard Mr. Uday Kumar, learned counsel for the peti-
tioner and Mr. J.N. Thakur, learned Additional Public Prosecutor
for the State.
2. Petitioner seeks quashing of the FIR of Ara Town
P.S. Case No. 180 of 2022 whereby and whereunder the learned
Chief Judicial Magistrate, Bhojpur at Ara under Sections 409, 420,
467 and 471 of the Indian Penal Code.
3. The prosecution case is that one Krishna Kumar
Singh, In-charge Head Clerk, Ara Municipal Corporation gave an
Patna High Court CR. MISC. No.33763 of 2022 dt.16-03-2026
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application before the Station House Officer, Ara Town on
28.02.2022 that the irregularities detected in the executed work un-
der Ara Municipal Corporation in which investigation was con-
ducted by Additional Collector, Bhojpur and Executive Engineer,
R.C.D., Bhojpur, accordingly, FIR was lodged against the persons
who committed illegality on the findings of inquiry report. It is
further alleged that the contractors have entered more work done
in the measurement book than the allocated work to them and rec-
ommendation for making payment was done by the Junior Engi-
neer.
4. It has been submitted by learned counsel for the peti-
tioner that no offence is made out against the petitioner as for any
Breach of Contract which was entered into between the petitioner
and the Government of Bihar and, therefore, F.I.R. cannot be filed
against him. He also submits that the present case is a mala fide
one only to wreak vengeance upon the petitioner this F.I.R.
5. Learned counsel for the State submits that after read-
ing of the entire F.I.R, criminal offence is made out against the pe-
titioner because of the sub-standard work, the present F.I.R was
filed by the informant.
6. This is the case of the petitioner that he entered into a
contract with the Government of Bihar. As per Clause 13 of the
Patna High Court CR. MISC. No.33763 of 2022 dt.16-03-2026
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contract, if there was some sub-standard work done by the peti-
tioner, he is duty bound to rectify/re-construct the sub-standard
work.
7. The Clause 13 of the contract reads as follows:-
“If it shall appear to the Engineer-in-
Charge or his subordinate in change of the
work that any work has been executed with un-
sound, imperfect or unskillful workmanship or
with materials of any inferior description, or
that any materials or articles provided by him
for the execution of the work are unsound or of
a quality inferior to that contracted for at other-
wise not in accordance with the contract, the
contractor shall on demand in writing from the
Engineer-in-charge specifying the inadvertently
passed certified and paid for forthwith rectify,
or remove and reconstruct the work so specified
in whole or in part as the case may remove the
materials or articles so specified by the Engi-
neer-In-Charge in his demand aforesaid the
contractor shall be liable to pay compensation
at the rate of one percent, on the amount of the
estimate for every day not exceeding ten days
while his failure to do so shall continue and in
the case of any such failure the Engineer-in-
Charge may certify or remove, and re-execute
the work or remove and replace with others, the
materials or articles complained of as the case
may be at the risk and expense in all respects of
the contractor.
8. This civil dispute has been given colour of criminal
dispute and the present F.I.R. is also mala fide in view of the law
laid down by the Hon’ble Supreme Court in the case of State of
Haryana Vs. Ch. Bhajan Lal & Others reported in AIR 1992
SC 604, this application is allowed and the F.I.R vide Ara Town
Patna High Court CR. MISC. No.33763 of 2022 dt.16-03-2026
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P.S. Case No. 180 of 2022 registered for the offences under Sec-
tions 409, 467, 471 and 420 of the Indian Penal Code is hereby
quashed so far as the petitioner is concerned.
(Ansul, J)
Vikash/-
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