Patna High Court
Nitish Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ANIL KUMAR SINHA
Holding
The appellate court held that it will not interfere with the charge‑framing order as the appellant had not filed a discharge petition.
Summary
The appellant, Nitish Kumar Singh, appealed against an order dated 28‑11‑2025 in which the Special Judge (SC/ST) in Nalanda framed charges against him under Sections 140(3), 352, 351(2) of the Bihar Naxalites Suppression Act, 2023 and Sections 3(1)(r)(s), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The appellant contended that there was no material to justify framing of charges and that a discharge petition should have been entertained. The Patna High Court observed that the appellant had not filed any discharge petition before the trial court, and consequently the charges had already been formally framed. Relying on the procedural rule that a court cannot interfere with a charge‑framing order where the accused has not sought discharge, the High Court declined to interfere. The appeal was therefore dismissed.
Issues considered
- Whether the appellate court can set aside a charge‑framing order when the accused has not filed a discharge petition.
- Whether the absence of a discharge petition bars interference with the trial court's charge‑framing decision.
Legislation cited
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(1)(r)(s), 3(2)(va)
Subjects
- charge framing
- discharge petition
- criminal appeal
- SC/ST Act
- procedural law
- appellate jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.377 of 2026
Arising Out of PS. Case No.-281 Year-2025 Thana- NOORSARAI District- Nalanda
======================================================
Nitish Kumar Singh S/O Sri Chandrakant Singh @ Chanarket Singh R/O
Village- Baghar, Charupar, P.S.- Noorsarai, District- Nalanda at Biharsharif.
... ... Appellant/s
Versus
1. The State of Bihar
2. Smt. Sarisa Devi W/O Late Kamta Paswan R/O Village- Baghar, P.S.-
Noorsarai, District- Nalanda at Biharsharif.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Brajesh Sahay, Adv.
: Ms. Harshita, Adv.
: Ms. Amrita, Adv.
For the Respondent/s : Mr. Binay Krishna, App.
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
3 23-04-2026 1. The appellant has filed the present appeal being
aggrieved by the order dated 28.11.2025 by which the learned
Special Judge SC/ST, Nalanda, Biharsharif, has framed the
charges against the appellant under Sections 140(3), 352, 351(2)
of the BNS, 2023 and Sections 3(1)(r)(s), 3(2)(va) of the SC/ST
Act.
2. Learned counsel for the appellant submits that there
is no material before the Court to frame the charge, however, no
discharge petition was filed by the appellant before the learned
Special Court.
3. Considering the fact that the discharge petition was
not filed and the charges have already been framed, this Court is
Patna High Court CR. APP (SJ) No.377 of 2026(3) dt.23-04-2026
2/2
not inclined to interefere with the impugned order.
4. Accordingly, with the aforesaid submission and
observation, the present appeal stands dismissed.
(Anil Kumar Sinha, J)
HarshPandey/-
U T
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