Rakesh Kumar Tufan vs State Of Bihar and Anr

IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6723 of 2017
CNR No. BRHC010504002017
Arising Out of PS. Case No.-144 Year-2011 Thana- BIHAR District- Nalanda
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Rakesh Kumar Tufan Son of Ram Lal Prasad, Resident of Mohalla-
Ambersristal, POPS- Biharshariff, District- Nalanda.
... ... Petitioner
Versus
1. State of Bihar
2. Nand Kishore Prasad, son of Atwar Mahto, resident of Village- Kebai Bigha,
P.S.- Noorsarai, District- Nalanda.
... ... Opposite Parties
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Appearance :
For the Petitioner/s : Mr. Rama Kant Singh, Advocate
For the State : Mr. Umanath Mishra, APP
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CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL JUDGMENT
Date : 29-10-2026
Heard learned counsel for the petitioner and learned
counsel for the State. Even after valid service of notice, there is
no representation on behalf of opposite party no. 2.
2. The petitioner has filed this application for
quashing of the order dated 25.11.2016, passed by the learned
Chief Judicial Magistrate, Nalanda, Biharsharif, in Bihar P.S.
Case No. 144 of 2011, whereby discharge petition filed by the
petitioner from the offences punishable under Sections 406, 420,
467, 468, 471, 34 of the IPC and under Section 138 of the
Negotiable Instrument Act.
3. As per the prosecution case, the petitioner, along

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with other named co-accused persons, took an amount of Rs.
3,50,000/- and some other academic documents of the son of the
informant for securing his job in Group ‘D’ of the Indian
Railways. Since neither the job was provided nor the money
was returned, upon pressure, co-accused Anil Kumar gave a
cheque of Rs. 25,000/-, which also bounced.
4. Learned counsel for the petitioner has submitted
that the petitioner has falsely been implicated in this case. It has
further been submitted that it is an immoral contract even as per
the allegations and the same is not enforceable in the eyes of
law.
4.1. It has further been submitted that the informant
was trying to get his son a job in the Indian Railways even by
indulging in immoral acts. It has further been submitted that no
source of income has been stated so as to be in possession of
such a huge amount of money.
4.2. Learned counsel for the petitioner has relied
upon a judgment of the Hon’ble Supreme Court in the case of
State of Haryana vs. Bhajan Lal , reported in 1992 Supp (1)
SCC 335 , and has submitted that the case of the petitioner falls
under various categories as discussed in paragraph no. 102 of
the said judgment.

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4.3. It has further been submitted, referring to the
judgment of the Hon’ble Supreme Court in the case of Pramod
Kumar Shukla vs. State of Uttar Pradesh , reported in 2026
INSC 887 reliance has been placed on paragraphs 13, 14 and 15
and has submitted that the continuation of present prosecution
against the petitioner would amount to an abuse of the process
of the Court. It has further been submitted that the impugned
order has been passed in a mechanical manner without
application of judicial mind and there were no sufficient
grounds for proceeding against the petitioner.
5. Learned counsel for the State opposed the prayer
of the petitioner.
6. Heard the parties and perused the record.
7. Considering the facts and circumstances of the
case and the fact that the informant was trying to get a job for
his son in the Indian Railways by a deceitful manner, the case is
of an immoral contract not enforceable in the eyes of law, no
source of income has been shown to be in a position of giving
such a huge amount of money and also in view of the
judgments, as discussed above, continuation of the proceedings
against the petitioner would amount to an abuse of the process
of the law and the Court.

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8. Accordingly, the impugned order dated
25.11.2016, passed by the learned Chief Judicial Magistrate,
Nalanda, Biharsharif, in Bihar P.S. Case No. 144 of 2011 as
regards the petitioner is hereby quashed. However, further
proceedings with respect to co-accused persons may continue.
9.The application accordingly stands allowed.

(Praveen Kumar, J)
Rupa/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 03.11.26
Transmission Date 03.11.26