Shivaji Singh vs The State Of Bihar on 10 March, 2026

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    Patna High Court – Orders

    Shivaji Singh vs The State Of Bihar on 10 March, 2026

    Author: Anil Kumar Sinha

    Bench: Anil Kumar Sinha

                          IN THE HIGH COURT OF JUDICATURE AT PATNA
                                      CRIMINAL APPEAL (SJ) No.1853 of 2024
                        Arising Out of PS. Case No.-145 Year-2018 Thana- BHAGWANPUR District- Kaimur
                                                             (Bhabua)
                     ======================================================
               1.     Shivaji Singh son of Babua Singh village-jaitpur kalan p.s-Bhagwanpur
               2.    chandra Shekhar singh son of shivaji singh village-jaitpur kalan p.s-
                     Bhagwanpur
               3.    Krishna singh@kaji singh son of shivaji singh village-jaitpur kalan p.s-
                     Bhagwanpur
               4.    Kamla Nand Singh son of late shiv sevak Lal( but in the F.I.R. Father name
                     disclosed as not known) village-jaitpur kalan p.s-Bhagwanpur
    
                                                                                    ... ... Appellant/s
                                                          Versus
               1.    The State of Bihar
               2.    Lutawan Ram son of late Rambaran Ram village-jaitpur kalan p.s-
                     Bhagwanpur
    
                                                               ... ... Respondent/s
                     ======================================================
                     Appearance :
    
                     For the Appellant/s     :       Mr.Dudhnath Singh
    
                     For the Respondent/s    :       Mr.Sadanand Paswan
    
                     ======================================================
                     CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                           ORAL ORDER
    
    9   10-03-2026

    1. Heard the parties.

    2. This appeal has been filed for quashing the order dated

    SPONSORED

    12.01.2023 passed by the learned Additional District & Sessions

    Judge 1st-cum-Special Judge, SC/ST Act, Kaimur at Bhabhua in

    I.A. No. 01 of 2022 in S.C./S.T. Trial Case No. 142 of 2018

    arising out of Bhagwanpur P.S. Case No. 145 of 2018 dated

    11.08.2018 registered under Section 147 / 148 / 149 / 341 /

    323 / 307 / 435 of the I.P.C. and Section 3(1)(r)(s) SC / ST Act
    Patna High Court CR. APP (SJ) No.1853 of 2024(9) dt.10-03-2026
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    by which discharge petition of the appellants has been rejected.

    3. The prosecution case as per the First Information Report

    is that on 11.08.2018 at about 11:30 A.M. while the informant

    along with others was engaged in cleaning paddy crops in their

    agricultural land, in the meantime, the appellants along with ten

    other co-accused persons arrived there on a tractor out of which

    six unknown accused persons who were standing at some

    distance and armed with weapons started abusing the informant

    and others by taking their caste name and threatened them with

    dire consequences if they did not vacate the land. It is alleged

    that the accused persons started assaulting the informant and

    other persons present there due to which they sustained injuries.

    It has further been alleged that three huts which had been

    constructed for cooking food and for temporary residence

    during cutting of paddy crops were set on fire by the accused

    persons due to which all the articles kept therein were

    completely burnt.

    4. The present case was instituted against 14 accused persons

    but after investigation charge sheet was submitted only against

    10 accused persons under Sections 147, 148, 149, 341, 323, 307,

    435 I.P.C. and under Section 3 (1) (r) (s), 3(2)(v) of the SC/ST

    Act. Thereafter, learned Special Judge differing with the final
    Patna High Court CR. APP (SJ) No.1853 of 2024(9) dt.10-03-2026
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    report took cognizance under the same Sections against all 14

    accused persons named in F.I.R. on 12.06.2020.

    5. Learned counsel for the appellants submits that upon bare

    perusal of the First Information Report it would appear that

    there are only general and omnibus allegations of assault against

    the accused persons. The specific allegation of abusing the

    informant and his companions by taking caste name and

    threatening to kill them has been attributed to unknown persons.

    It is further submitted that no offence under the provisions of the

    SC/ST Act is made out against the appellants as the alleged

    occurrence appears to have taken place on account of an old

    land dispute between the parties. Learned counsel next submits

    that the injuries sustained by the informant’s side are simple in

    nature. It is also contended that Police while submitting police

    report / charge sheet exonerated the appellants, however, the

    learned Special Judge took cognizance against all the accused

    persons.

    6. Learned counsel next submits that the appellants have

    been falsely implicated in the present case by the informant due

    to village politics. He further submits that the entire prosecution

    considering the aforesaid submission may be quashed.

    7. Learned A.P.P. for the State has opposed the application of
    Patna High Court CR. APP (SJ) No.1853 of 2024(9) dt.10-03-2026
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    the appellants and has submitted that learned Special Judge after

    going through the materials available on record found prima

    facie case against the appellants and there is no illegality in

    rejection of discharge petition.

    8. I have heard learned counsel for the parties and perused

    the materials on record including the impugned order.

    9. From the impugned order it appears that the learned

    Special Judge has taken note of the legal provisions that at the

    time of deciding discharge petition filed by the accused the

    court has to weigh the evidence for limited purpose to find out

    whether or not a prima facie case against the accused is made

    out. Guilt or innocence of the accused is not determined at the

    time of framing of charge. Only existence of prima facie case is

    enough. Charges can be framed on the basis of strong suspicion

    also. The Court has taken note of the statement of witnesses

    recorded during the course of investigation where all have taken

    the name of these appellants also among other assailants and

    also among those who uttered caste indicative abusive words.

    10. From paragraph no. 23 to 28 of the case diary it appears

    that six persons have sustained injuries. Meticulous examination

    of materials collected during the course of investigation is not

    required at the time of framing of charge.

    Patna High Court CR. APP (SJ) No.1853 of 2024(9) dt.10-03-2026
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    11. Considering the aforesaid discussion, I am of the opinion

    that learned Special Court while rejecting the petition filed by

    the appellants under Section 227 of the Cr.P.C. for discharge has

    committed no error and / or illegality. Accordingly, this

    application is dismissed.

    (Anil Kumar Sinha, J)
    praful/-

    U          T
     



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