Patna High Court
BINOD SAH @ BINOD PRASADversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRAVEEN KUMAR
Holding
The application for quash is without merit and the order rejecting the discharge is upheld.
Summary
The petitioners, a group of ten men from Nakardei village, were charged with assault, extortion, and attempted murder after allegedly attacking an informant who had lodged a complaint. The informant suffered grievous injuries, as documented by a medical board report, and the FIR listed multiple IPC offences and a violation of the Arms Act. The petitioners sought to quash the order of the Additional District and Sessions Judge that rejected their discharge under Section 227 of the Cr.P.C., claiming innocence and asserting that the dispute was merely over land. The State opposed, presenting the charge‑sheet, medical evidence, and witness statements indicating the petitioners’ active participation and possession of lethal weapons. The High Court examined the material, found it sufficient to support the framing of charges, and concluded that the petition had no merit. Consequently, the Court dismissed the application for quash, leaving the trial proceedings intact.
Issues considered
- Whether the order rejecting the petitioners’ discharge under Section 227 of the Criminal Procedure Code can be quashed.
- Whether the material on record is sufficient to justify framing charges against the petitioners for the offences alleged in the FIR.
Legislation cited
- Arms Act — s. 27
- Code of Criminal Procedure, 1973 — s. 227
- Indian Penal Code — s. 147, 148, 149, 307, 323, 325, 341, 342, 379, 447, 504, 506
Subjects
- extortion
- assault
- grievous hurt
- unlawful assembly
- attempted murder
- quash petition
- Section 227 CrPC
- medical evidence
- charge sheet
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17073 of 2024
Arising Out of PS. Case No.-178 Year-2018 Thana- ADAPUR District- East Champaran
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1. BINOD SAH @ BINOD PRASAD Son of Shiv Prasad Resident of Village-
Nakardei, P.S.-Nakerdei, District-East Champaran.
2. PRAMOD SAH Son of Shiv Prasad Resident of Village-Nakardei, P.S.-
Nakerdei, District-East Champaran.
3. BHOLA SAH Son of Shiv Prasad Resident of Village-Nakardei, P.S.-
Nakerdei, District-East Champaran.
4. CHANDESHWAR SAH @ CHANDESHWAR PRASAD Son of Shiv
Prasad Resident of Village-Nakardei, P.S.-Nakerdei, District-East
Champaran.
5. OM NARAYAN SAH @ OM NARAYAN PRASAD Son of Late Jyoti Lal
Sah Resident of Village-Nakardei, P.S.-Nakerdei, District-East Champaran.
6. DIN DAYAL SAH Son of Shiv Shankar Sah Resident of Village-Nakardei,
P.S.-Nakerdei, District-East Champaran.
7. DHRUV SAH Son of Late Jyoti Lal Sah Resident of Village-Nakardei, P.S.-
Nakerdei, District-East Champaran.
8. PRAHLAD SAH Son of Late Jyoti Lal Sah Resident of Village-Nakardei,
P.S.-Nakerdei, District-East Champaran.
9. SHIV SHANKAR SAH Son of Ram Hankar Sah Resident of Village-
Nakardei, P.S.-Nakerdei, District-East Champaran.
10. RAJOO SAH Son of Shiv Shankar Sah Resident of Village-Nakardei, P.S.-
Nakerdei, District-East Champaran.
... ... Petitioners
Versus
1. The State of Bihar
2. SHIVJI PRASAD Son of Late Jagdev Sah Resident of Village-Nakerdei,
P.S.-Nakardei, District-East Champaran.
... ... Opposite Parties
======================================================
Appearance :
For the Petitioners : Mr. Sunil Kumar No.III, Advocate
For the Opposite Party-State: Mr. Choubey Jawahar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 23-03-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. This application has been filed for quashing the
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order dated 22.06.2023 passed by the learned Additional District
and Sessions Judge-XI, Motihari, East Champaran in Sessions
Trial No.904 of 2022, arising out of Adapur (Nakerdei) P.S.
Case No. 178 of 2018, whereby petition under Section 227 of
the Cr.P.C. has been rejected as regards the discharge of the
petitioners from the present case.
3. As per the prosecution case, on 29.06.2018, at
about 06:30 AM, while the informant had gone to see his
agricultural field, in the meantime, Om Narayan Prasad came
and called from his mobile, whereafter within 5-10 minutes,
Binod Sah armed with country made pistol, Pramod Sah, Bhola
Sah, Chandeshwar Sah, Dhruv Sah, Prahlad Sah and Shiv
Prasad Sah all armed with iron rods, Rajoo Sah armed with
Rama (heavy iron rod like substance) and Deen Dayal Sah
armed with handle of hand-pump came there and surrounded the
informant from all sides. It is further alleged that Om Narayan
Prasad told that why money has not been given till now and why
the informant filed a case in the police station and hence stated
that he would kill him. Thereafter, all the persons took the
informant to nearby river and started assaulting the informant
with their respective weapons, badly injuring the informant and
even when the informant fell on the ground, he was mercilessly
assaulted. It is further alleged that the informant raised alarm,
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but the assailants did not leave him. It is thereafter alleged that
Pramod took out purse, the Aadhar Card, Rs. Six thousand as
well as other necessary documents and ATM Card, while Binod
Sah fired at the head of the informant, but he somehow saved
himself. It is further alleged that Bhola Sah assaulted by means
of iron rod on the head of the informant, while saving himself,
his watch was broken and upon second and third assault, his
hand and finger got injured. It is further alleged that
Chandeshwar Sah assaulted by means of iron rod on his leg due
to which his right leg got broken, while assault by Rajoo Sah on
his leg, resulted into breaking of knee, the informant sustained
several bone fractures. It is further alleged that Binod Sah
assaulted by means of butt of country made pistol on his head
injuring him and Prahlad Sah took mobile from his pocket. The
cause of occurrence is stated to be non-fulfillment of extortion
money to the tune of Rs. Fifty thousand as a result of which he
was badly assaulted and thinking the informant to be dead, the
accused persons threw him near the bank of the river. Villagers
informed the younger son of the informant, who made call to the
police station. The mobile phone of the son of the informant was
also snatched. The informant has earlier lodged a case of
extortion before the police station. The local people brought the
informant/injured to the nearby Primary Health Center and for
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better treatment, the informant was referred to Motihari.
4. Learned counsel for the petitioners has submitted
that in fact petitioners have not committed any offence and they
are innocent. He has further submitted that during course of
investigation seven witnesses have been examined by the police,
whose statement was recorded under Section 161 of the Cr.P.C.
and all the witnesses have stated that there is a land dispute
between the parties. The informant himself has not supported
the allegation against these petitioners. There is no medical
report or injury report of the injured on record as neither any
family member or the informant has received injuries.
5. Learned counsel for the State vehemently opposed
the prayer of the petitioners and submitted that there are
sufficient materials and sufficient grounds to frame charge
against the petitioners. Upon investigation, the petitioners have
been charge-sheeted.
6. Considered the submissions advanced on behalf of
the respective counsel and perused the records.
7. The FIR has been registered under Sections 307,
325, 379, 323, 342, 447, 147, 148, 149, 341, 504 and 506 of the
IPC and Section 27 of the Arms Act.
8. From perusal of the impugned order, it is
apparently clear that the informant has sustained severe injuries
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on his person and the injury report, which has been prepared by
the medical board, opined the injuries on the basis of various X-
rays available on the records of the case. The treating Doctor
has found the injuries inflicted upon the informant to be
grievous in nature. The petitioners are alleged to be the member
of the unlawful assembly and further alleged to be armed with
the lethal weapons including country made pistol. They took
active participation in the alleged occurrence to the extent of
even firing upon the informant, but anyhow the informant did
not receive any firearm injury. There are sufficient materials and
sufficient grounds against the petitioners for framing of charge.
9. Upon considering the aforesaid facts and
circumstances, this Court is of the view that no interference is
required with the impugned order.
10. This application is devoid of any merit and is
accordingly dismissed.
(Praveen Kumar, J)
Pawan/-
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