Patna High Court
Jagarnath SahversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRAVEEN KUMAR
Holding
The court held that there is sufficient material to frame charges against the petitioners and therefore the application for quash under Section 250 of the BNSS is dismissed.
Summary
The petitioners, Jagarnath Sah and Shivnath Sah, sought to quash an order dated 21‑07‑2025 that rejected their earlier application for discharge under Section 250 of the Bihar Negotiable Security Act. They were accused in a criminal case arising from a land‑dispute incident on 28‑06‑2023, wherein the prosecution alleged that they, along with others, formed an unlawful assembly, assaulted the informant and his family, and stole Rs 12 lakh, leading to charges under multiple sections of the Indian Penal Code including murder (302). The petitioners contended that the allegations were fabricated and that no material existed to sustain the charges. The court examined the charge‑sheet and found specific allegations of assault, robbery, and murder, concluding that sufficient evidence existed to frame charges. Consequently, the court held that the petition to quash the order was without merit. The application for quash was therefore dismissed.
Issues considered
- Whether the petitioners have sufficient material against them to warrant framing of charges under the IPC.
- Whether the application for quash under Section 250 of the Bihar Negotiable Security Act is maintainable in the present circumstances.
Legislation cited
- Indian Penal Code — s. 302, 308, 313, 323, 324, 325, 34, 341, 354, 379, 504, 506
Subjects
- land dispute
- unlawful assembly
- murder
- assault
- quash petition
- criminal procedure
- Section 250
- BNSS
- IPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82930 of 2025
Arising Out of PS. Case No.-225 Year-2023 Thana- CHHATAPUR District- Supaul
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1. Jagarnath Sah S/O Late Lakshman Sah Resident of Village- Bhatabari, Ward
No 05, Post office- Chhatapur, Police Station- Chhatapur, District- Supaul,
Bihar
2. Shivnath Sah S/O Late Lakshman Sah Resident of Village- Bhatabari, Ward
No 05, Post office- Chhatapur, Police Station- Chhatapur, District- Supaul,
Bihar
... ... Petitioners
Versus
1. The State of Bihar Patna
2. Baijnath Sah S/O Late Lakshman Sah Resident of Village- Bhatabari, Ward
No 05, Post office- Chhatapur, Police Station- Chhatapur, District- Supaul,
Bihar
... ... Opposite Parties
======================================================
Appearance :
For the Petitioners : Mr. Arvind Kumar Singh, Advocate
For the Opposite Party-State: Mr. Nitya Nand Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
CAV ORDER
3 08-05-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. The present application has been filed seeking
quashing the impugned order dated 21.07.2025 passed by the
learned Additional District and Sessions Judge, Supaul, in
Sessions Trial No. 216 of 2025, rejecting the petition of the
petitioners filed under the provisions of Section 250 of the
BNSS for discharge of the petitioners, who are accused in
Chhatapur P.S. Case No. 225 of 2023, dated 01.07.2023, for the
offences under Sections 341, 323, 324, 325, 354B, 308, 379,
504, 506, 34 of the Indian Penal Code and later on Sections 302
Patna High Court CR. MISC. No.82930 of 2025(3) dt.08-05-2026
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and 313 IPC came to be added.
3. As per prosecution case, allegedly, on 28.06.2023,
at about 08:00 AM, while the informant was sitting at his door-
steps, the petitioners along with three named accused and some
unknown anti-social elements forming an unlawful assembly
and variously armed with lethal weapons, came there and
threatened him to leave the place, also to leave behind his house
and land etc. else his whole family will be eliminated. When the
informant resisted by saying that the partition has already taken
place with the indulgence of people of the society and where
would they go, then co-accused, Brahmdeo Kumar Gupta,
exhorted abusively to kill to usurp his share of property, upon
which the petitioners and the named co-accused persons twisted
his arms and other co-accused, namely, Manju Devi and Sobha
Devi, wrapped their sarees around his neck and started pulling it
with an intent to kill him. Upon hearing hulla, when the wife,
daughter and son of the informant came to his rescue, they were
also assaulted by means of rod. It is further alleged that the
informant received grievous injury on his head, hand and
shoulder by the blow inflicted by means of iron rod by
petitioner No.2 Shivnath Sah. It is also alleged that petitioner
No.1 Jagarnath Sah, took away Rs. Twelve lacs from his house,
Patna High Court CR. MISC. No.82930 of 2025(3) dt.08-05-2026
3/4
which was the sale proceed of the land. Thereafter, police was
informed and they were under treatment in a hospital.
4. Learned counsel for the petitioners has submitted
that the allegation levelled against the petitioners are false,
fabricated and concocted one and the petitioners have been
implicated in this case due to land dispute. It has been further
submitted that both the petitioners and the informant are
agnates and there was an altercation between the informant and
the accused persons and both sides filed case and counter case
against each other and it has been further submitted that there
are no cogent material available against the petitioners to frame
the charge.
5. Heard learned counsel for the parties and perused
the record.
6. There are specific allegation against the petitioners
to have caught hold the informant. There are also allegation that
wife, daughter and the son of the informant were also abused
and assaulted when they came to rescue the informant. There is
specific allegation against petitioner no. 2 to have assaulted the
informant by means of iron rod on his head. There are also
allegation that the petitioners and co-accused persons also took
away Rs. 12 lakh from the house of the informant and also
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assaulted the daughter of the informant by pulling her on the
ground. There are allegation that petitioners and co-accused
persons have caught hold the deceased daughter of the
informant, who was carrying pregnancy of eight months and the
petitioners and co-accused persons assaulted her and locked her
inside the room. The cases relates to murder of a lady, who was
carrying pregnancy, and the allegation with respect to offence
under Sections 341, 323, 324, 325, 354B, 308, 379, 504, 506, 34
of the Indian Penal Code and subsequently Sections 302 and
313 IPC also came to be added. After investigation, the
petitioners were charge-sheeted and cognizance was taken
against them. The petitioner are alleged to have actively
participated in the occurrence and there appears to be enough
and sufficient ground for proceeding against the petitioners and
there are enough materials to frame charge against them.
7. In view of the aforementioned the facts and
circumstances of the case, this application is devoid of merit and
is accordingly dismissed.
(Praveen Kumar, J)
Pawan/-
AFR/NAFR NAFR
CAV DATE 07.04.2026
Uploading Date 08.05.2026.
Transmission Date 08.05.2026.
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