Patna High Court
Md. Shazad Alam @ Sahjad @ GudduversusThe State Of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Charges can be framed against an accused even if the illegal arms are recovered from a co‑accused, and the petition to quash the order is dismissed.
Summary
The petitioner, Md. Shazad Alam, filed an application to quash the order of the Additional Chief Judicial Magistrate-VI, Bhagalpur which had framed charges against him in a case involving illegal arms. The petitioner contended that no illegal arms were recovered from him, only from a co-accused, and therefore charges should not be framed. The High Court examined the records and noted that the lower court had dismissed the discharge application, finding a prima facie case against the petitioner. Relying on the Supreme Court’s decision in Ram Prakash Chadha v. State of Uttar Pradesh (2024 SCC OnLine SC 1709), the Court held that charges may be framed even when the seized arms are not recovered from the accused but from a co-accused. Consequently, the petition to quash the charge‑framing order was dismissed.
Issues considered
- Can charges be framed against an accused when illegal arms are recovered from a co-accused and not from the accused himself?
- Is a petition for quashing a charge‑framing order maintainable under such circumstances?
Subjects
- arms seizure
- charge framing
- quash petition
- prima facie case
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31410 of 2016
Arising Out of PS. Case No.-56 Year-2016 Thana- ISHAKCHAK District- Bhagalpur
======================================================
Md. Shazad Alam @ Sahjad @ Guddu Son of Md. Nurul Hodda, Resident of
Mohalla- Islam Nagar, Bhikhanpur P.S. Ishakchak, District- Bhagalpur.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dr. Manoj Kumar
For the Opposite Party/s : Mr.Sri Brajendra Nath Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
8 12-01-2026 Heard the parties.
2. This application has been filed on behalf of the
petitioner for quashing the order dated 18.08.2016 passed by the
learned Additional Chief Judicial Magistrate-VI, Bhagalpur in
connection with Ishakchak P.S. Case No. 56 of 2016 / G.R. No.
862 of 2016 / T.R. No. 398 of 2016.
3. Learned counsel for the petitioner has vehemently
argued this case and the main contention of the learned counsel
for the petitioner is that the charges could not have been framed
against the petitioner as there is no recovery of illegal arms from
the petitioner and the recovery is from one co-accused.
4. I have gone through the records of the case and the
impugned order.
5. From the records of the case and the impugned
Patna High Court CR. MISC. No.31410 of 2016(8) dt.12-01-2026
2/2
order, it appears that the discharge application of the petitioner
has been dismissed by the Court below finding the prima facie
case against the petitioner for trial and in the opinion of this
Court, charges can still be framed against the petitioner even if
the recovery of illegal arm is not from him and from other co-
accused with whom the petitioner was found.
6. In these circumstances, the prayer of the petitioner
cannot be allowed in view of the law laid down by the Hon'ble
Supreme Court in the case of Ram Prakash Chadha Vs. The
State of Uttar Pradesh reported in 2024 SCC OnLine SC 1709.
7. Accordingly, this application is dismissed.
(Sandeep Kumar, J)
Vikas/-
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