Patna High Court
BHOLA SINGHversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The High Court held that the lower court had made a strong prima facie case and therefore the discharge application under Section 227 could not be quashed.
Summary
Bhola Singh filed an application under Section 227 of the Criminal Procedure Code seeking discharge in an excise case, challenging the order of the Second Additional Sessions Judge that rejected his discharge plea. The High Court examined whether the lower court’s refusal could be quashed, emphasizing that at the charge‑framing stage the court must assess only a prima facie case, not proof of guilt. The High Court found that the Sessions Judge had established a strong prima facie case against the petitioner. Consequently, the High Court saw no ground to interfere and dismissed the petition to quash the order. The court directed that the petitioner’s substantive defence be considered by the trial court and that the order be communicated to the Principal District Judge, Darbhanga.
Issues considered
- Whether the High Court can quash the order of the Second Additional Sessions Judge rejecting a discharge application under Section 227 Cr.P.C.
- Whether a prima facie case existed at the charge‑framing stage to justify denial of discharge.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 227
Subjects
- discharge application
- Section 227
- prima facie case
- charge framing
- quash order
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49232 of 2019
Arising Out of PS. Case No.-4 Year-2017 Thana- GOVERNMENT OFFICIAL COMP.
District- Samastipur
======================================================
BHOLA SINGH S/o Sone Lal Singh @ Sonelal Mahto Resident of Village-
Dekari, P.S.- Khanpur, District- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.P.N.Shahi, Sr. Advocate
For the Opposite Party/s : Mr.Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 20-01-2026 Heard Mr. P.N. Shahi, learned Senior Counsel for the
petitioner and learned A.P.P. for the State.
2. The present application has been filed for quashing
of the order dated 11.06.2019 passed by learned Second
Additional Sessions Judge, Samastipur in Excise Case No. 4/17
whereby and whereunder the application for discharge filed by
the petitioner under Section 227 of the Cr.P.C. was rejected.
3. Paragraph ‘3’ of the impugned order reads as
under:-
True it is, at the stage of framing of
charge, the Court is concerned not with proof but
with the strong suspicion whether the accused has
committed an offence, which if put to trial, could
prove him guilty. Albeit this Court need not to
undertake an elaborate enquiry while sifting and
Patna High Court CR. MISC. No.49232 of 2019(4) dt.20-01-2026
2/2
weighing the material but needs to consider
whether evidentiary material on record, if generally
accepted would reasonably connect the accused
with the crime or not. Once a case is presented to
the Court by the prosecution, it is the duty of the
court to sift through the material to ascertain
whether prima facie case has been established
against the accused or not.
4. With a strong prima facie case made out by the 2nd
Additional Sessions Judge, I see no ground to interfere in the
matter.
5. This application stands dismissed.
6. All the grounds raised by the petitioner in his
defence in the trial shall be considered by the concerned court
below and the dismissal of the discharge application by this
Court will not cause any prejudice to the case of the petitioner.
7. Let a copy of this order be communicated to Principal
District Judge, Darbhanga through FAX for its compliance.
(Sandeep Kumar, J)
tusharika/-
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