Patna High Court
RAM NARESH SINGHversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court held that sufficient material exists to proceed with the charges and therefore dismissed the petition to quash the order.
Summary
The petitioners filed an application under Section 227 of the Criminal Procedure Code seeking to quash the order dated 28‑02‑2019 that dismissed their earlier petition for discharge from charges of Sections 341, 324, 307, 504 IPC and Section 27 of the Arms Act. The prosecution case alleged that on 31 January 2016 the petitioners, armed with rifles, fired at the informant and a victim, causing injuries, and subsequently engaged in indiscriminate firing. The High Court examined the material on record and concluded that a prima facie case exists against the petitioners for the alleged offences. Consequently, the Court found no merit in the petition to quash the order and dismissed the application, allowing the petitioners to raise further grounds at a later stage if required. The decision upholds the lower court’s dismissal of the discharge petition and permits the criminal proceedings to continue.
Issues considered
- Whether the petition under Section 227 CrPC for discharge of the accused from the charges is maintainable in view of the material on record.
- Whether there exists a prima facie case sufficient to proceed against the petitioners under Sections 341, 324, 307, 504 IPC and Section 27 Arms Act.
Legislation cited
- Arms Act — s. 27
- Code of Criminal Procedure, 1973 — s. 227
- Indian Penal Code — s. 307, 324, 341, 504
Subjects
- quash order
- Section 227 CrPC
- discharge petition
- prima facie case
- IPC offences
- Arms Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31402 of 2019
Arising Out of PS. Case No.-12 Year-2016 Thana- BIKRAMGANJ District- Rohtas
======================================================
1. Ram Naresh Singh Son Of Late Ramchandra Singh Resident Of Village-
Bisainia Bal, P.S.- Bikramganj, District- Rohtas.
2. Kamta Singh @ Kamta Prasad Singh Son Of Late Ramchandra Singh
Resident Of Village-Bisainia Bal, P.S.-Bikramganj, District-Rohtas.
3. Ravi Kumar Son Of Ram Bachan Singh Resident Of Village-Bisainia Bal,
P.S.-Bikramganj, District-Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chandra Bhushan Das
For the Opposite Party/s : Mr. Umeshanand Pandit
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 02-02-2026 Heard the learned counsel for the petitioners and the
learned counsel for the State.
2. This application has been filed for quashing of the
order dated 28.02.2019 passed in S.T. No. 162/2017 arising out
Bikramganj P.S. Case No. 12 of 2016 for the offences under
Sections 341, 324, 307, 504 I.P.C. and 27 Arms Act by the
Additional District Judge, Sasaram, Rohtas by which the
petition dated 20.08.2018 filed under section 227 Cr. P.C. for
discharging the petitioners from the charges framed under
section 307 I.P.C. has been dismissed.
3. According to the prosecution case, on 31 st January
Patna High Court CR. MISC. No.31402 of 2019(5) dt.02-02-2026
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2016, informant Binod Kumar gave his fardbeyan to SI Rajeev
Kumar of Bikramganj Police Station at Karuna Hospital,
Bikramganj, at 10:00 PM. On the same day at around 7:00 PM,
petitioner no. 2 had come to the door of his nephew Ram Ekbal
Singh's house and started abusing him and when he was
prohibited from doing so, he had gone to his residence and
Ramesh Singh, Ram Bachan Singh, Ram Naresh Singh, Kamta
Singh had arrived there armed with Rifle. Ram Naresh Singh
had ordered to kill them. Upon this, Ramesh Singh fired his
Rifle upon Ritesh Kumar which caused injury to his leg. Kamta
Singh fired upon the informant Binod Kumar which caused
injury to his leg. Thereafter, all the accused persons had made
indiscriminate firing from their Rifles and went away from the
place of occurrence.
4. From the reading of the materials available on
record, it appears that there is a prima facie case made out
against the petitioners for the commission of offences under
Sections 341, 324, 307, 504 IPC, and Section 27 of the Arms
Act. The Court below has rightly dismissed the petition under
Section 227 Cr.P.C., as sufficient material exists to proceed with
the charges.
5. In view of the discussions made above, this Court
Patna High Court CR. MISC. No.31402 of 2019(5) dt.02-02-2026
3/3
finds no ground to interfere with the impugned order.
Accordingly, this application is dismissed with liberty to the
petitioner to raise all the grounds at an appropriate stage.
(Sandeep Kumar, J)
Shishir/-
U T
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