The Patna High Court has set aside criminal proceedings against a sitting Bihar cabinet minister in a case linked to a 2017 road blockade at Bodh Gaya, holding that the record shows no allegation of assault against him. The order was passed by Justice Sandeep Kumar while hearing a petition challenging the trial court’s decision to take cognisance. The court noted that the only claim against the petitioner was that he addressed the crowd, which by itself did not support the prosecution case.
Background of the Case
The case arose from an incident at Domuhane Chowk in Gaya district. According to the police version, officers reached the spot after receiving information about a road block. The crowd was allegedly burning tyres, some people were carrying sticks and sharp tools, and travellers were being stopped. The Block Development Officer also arrived, and the protestors said they were angry over the handling of a separate case related to Magadh University and the medical examination of a victim.
The police further claimed that the protest did not end despite assurances. Tensions rose, a woman in a burqa was allegedly insulted and later rescued by police, and a Station House Officer was assaulted, suffering injuries to the head and hand. A tempo passing on the road was also damaged, the FIR said. On this basis, a case was registered in 2017 under several sections of the Indian Penal Code, the Bihar Police Act, and the Prevention of Damage to Public Property Act. The petitioner’s name appeared among the accused, though the narrative mainly described him as someone addressing the gathering.
In 2021, the Chief Judicial Magistrate, Gaya, took cognisance of the offences. The petitioner approached the High Court seeking to quash that order.
Counsel for the petitioner told the court that the case was driven by political rivalry and that his client had been falsely implicated. “He was only addressing the gathering,” the lawyer said, adding that the order taking cognisance was passed without proper application of mind and without evidence linking the petitioner to any violent act.
The State opposed the plea but conceded a key point during the hearing. The government lawyer submitted that the only allegation against the petitioner was that he had addressed the crowd. There was no specific accusation that he assaulted anyone or damaged property.
Court’s Observation
After reading the FIR and hearing both sides, Justice Sandeep Kumar recorded a clear finding. The court observed that there was “no allegation of assault against the petitioner” and that merely addressing a gathering did not support the prosecution case against him.
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The judge noted that criminal law cannot be set in motion against a person without material showing his role in the alleged offences.
Decision
Allowing the petition, the High Court quashed the 12 February 2021 order of the Chief Judicial Magistrate, Gaya, only in respect of the petitioner.
The proceedings will continue against the other accused, but the minister will no longer face trial in this case.
Case Title:- Santosh Kumar Suman @ Santosh Manjhi vs State of Bihar
Read also:- Criminal Miscellaneous No. 43944 of 2021
Order Date:- 3 February 2026
