Patna High Court
Sunil Kumar @ Sunil Kumar Singh vs The State Of Bihar on 25 August, 2025
Author: Alok Kumar Pandey
Bench: Alok Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3516 of 2024
Arising Out of PS. Case No.-108 Year-2017 Thana- ALAMGANJ District- Patna
======================================================
1. Sunil Kumar @ Sunil Kumar Singh Son of Late Devendra Pd. Singh
Village- Railway Quarter Gulzarbag, Quarter No. 14, B Block, Ps-
Alamganj, Dist- Patna
2. Sanjeev Kumar @ Sanjeev Kumar Yadav Son of Shri Dayanand Yadav
Village- Railway Quarter Gulzarbag, Quarter No. 14, B Block, Ps-
Alamganj, Dist- Patna
... ... Appellant/s
Versus
1. The State of Bihar
2. Rakesh Kumar Son of Jagan Paswan Village- Nagina Nagar Kumhrar, Ps-
Agamkuan, Dist- Patna.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Sudhir Kumar Sinha, Adv.
For the Respondent/s : Mr. Sadanand Paswan, Spl. P.P.
For Respondent no.2 : Mr. Madhumay Madhup, Adv.
Mr. Nilabh Ranjan, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL JUDGMENT
Date : 25-08-2025
Heard the parties.
2. This is an application for quashing the order dated
05.02.2024
passed by the Learned Exclusive Special Judge SC/ST
Act, Patna in connection with Special (SC/ST) Case No. 221 of
2017 arising out of Alamganj P.S. Case No. 108 of 2017, whereby
and whereunder the learned trial court has taken cognizance under
Sections 341, 323, 504, 506/34 of the Indian Penal Code and 3(1)
(r) of SC/ST Act, against the appellants.
3. As per prosecution case, the appellants are said to
have assaulted and abused the informant by his caste name and the
informant is said to have worked as Munshi under contractor
Patna High Court CR. APP (SJ) No.3516 of 2024 dt.25-08-2025
namely Ajit Bharti.
4. Learned counsel for the appellants submits that the
cognizance is neither valid in the eyes of law on the basis of fact
as it is same is based on merely suspicion, conjuncture and
surmises. He further submits that the allegation of assaulting is not
proved against the appellants and the prosecution story as narrated
by the informant is on the basis of false prosecution story. In the
light of aforesaid facts and circumstances of the case, no case is
made out against the appellants under Section 3(1)(r) of S.C & S.T
Act. All the allegations are ornamental in nature and the allegation
of special act is added with a view to harass the appellants.
5. Learned counsel on behalf of the State as well as
learned counsel for the informant has submitted that in the FIR
itself there is specific allegation against the appellants and after
collecting material, Investigating Officer, has submitted charge
sheet under Sections under Sections 341, 323, 504, 506/34 of the
Indian Penal Code and 3(1)(r) of SC/ST Act and court has taken
cognizance under the same sections.
6. From the perusal of the record, it is crystal clear
that there are specific allegations against the appellants. The
investigating officer, after collecting material during the course of
investigation, has submitted charge sheet under said section and
court has also taken cognizance under the aforesaid section. After
Patna High Court CR. APP (SJ) No.3516 of 2024 dt.25-08-2025
going through the impugned order dated 05.02.2024 passed by
the Learned Exclusive Special Judge SC/ST Act, Patna in
connection with Special (SC/ST) Case No. 221 of 2017 arising out
of Alamganj P.S. Case No. 108 of 2017, it is found that same has
been passed with due application of mind on the basis of charge-
sheet and case diary and after finding a prima facie case is made
out against the appellants on the basis of accusation made in the
F.I.R.
7. Considering the facts and circumstances of the case
and also that a prima facie case has been found against the
appellants having regard to the accusations in the First Information
Report and the materials available on record, this Court is not
inclined to interfere with the impugned order dated 05.02.2024.
8. Accordingly, the present appeal stands dismissed at
the stage of admission itself.
(Alok Kumar Pandey, J)
amitkumar/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 27.08.2025
Transmission Date N/A
