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Patna High Court

Nitish Kumar SinghversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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