Patna High Court
Shamim Alam @ Shaikh Shamim Ahmad vs The State Of Bihar on 26 June, 2025
Author: Chandra Shekhar Jha
Bench: Chandra Shekhar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13192 of 2025
Arising Out of PS. Case No.-831 Year-2019 Thana- SASARAM NAGAR District- Rohtas
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Shamim Alam @ Shaikh Shamim Ahmad Son of Laik Ahmed Resident
of Mohalla -Kajipur Shahjalalpir, PS- Sasaram Town, Distt.- Rohtas
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
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Appearance :
For the Petitioner/s : Mr.Md Ataul Haque, Advocate
For the Opposite Party/s : Mr.Md. Ataur Rahman, APP
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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL JUDGMENT
Date : 26-06-2025
Heard learned counsel appearing for the petitioner
and learned A.P.P. for the State.
2. This application has been preferred under section
482 of the Code of Criminal Procedure (in short, the
"Cr.P.C.") as to quash the order dated 01.02.2025 passed
by learned District Judge-cum-ASJ-IV, Sasaram, Rohtas in
connection with Sessions Trial No. 661/2022 arising out of
Sasaram Town P.S. Case No. 831/2019, whereby learned
trial court has been pleased to dismissed the discharge
petition of the petitioner without any cogent reason.
3. It is submitted by learned counsel appearing for
the petitioner that though the petitioner is named with First
Patna High Court CR. MISC. No.13192 of 2025 dt.26-06-2025
Information Report and was found seen by the informant of
this case at the place of occurrence, having country made
pistol in his hand, but specific allegation as to cause fatal
fire arm injury is available against co-accused persons
namely, Pappu Kahar and Aftab Alam.
4. It is submitted that during course of
investigation, specifically in paragraph nos. 386, 287, 295,
323, 324, 325, 328 & 329 of the case diary, independent
witnesses categorically stated that some unknown persons
had killed Rajkumar Choudhary, disputing the entire version
of the informant, and, therefore, there is no ground
available as to frame charge against the petitioner for the
offences punishable under section 302 of the IPC.
5. Learned A.P.P. for the State, while making a
contrary submission, submitted that petitioner/accused is
named in the FIR and found seen at the place of occurrence
having arms in hand. His implication is with the aid of
section 149 of the IPC, and therefore, it cannot be said that
this is a 'groundless' case as to frame charge against the
petitioner.
Patna High Court CR. MISC. No.13192 of 2025 dt.26-06-2025
6. It is submitted that even a grave suspicion is
sufficient to frame a charge, whereas in the present case,
admittedly the informant, who is the eye witness of the
occurrence, stated categorically that petitioner/accused was
involved in the occurrence and found seen with country
made pistol in his hand along with other co-accused
persons.
7. It is further submitted that the defence version
as raised by learned counsel appearing for the petitioner
qua alibi cannot be looked into at this stage, being rule of
evidence same can be looked into during the trial.
8. At this stage, it is submitted by learned counsel
for the petitioner that charge against petitioner already
framed during pendency of present petition.
9. Taking note of aforesaid factual submission,
rejection of prayer under section 227 of the Cr.P.C. as
pressed by the petitioner before the learned trial court,
which is the impugned order also in the present proceeding,
does not require any interference, as there is sufficient
ground to frame charge against the petitioner.
Patna High Court CR. MISC. No.13192 of 2025 dt.26-06-2025
10. Admittedly, charges already framed against the
petitioner and trial of this case begins. Hence, present
petition appears devoid of any merit.
11. Accordingly, this application stands dismissed.
12. Let a copy of this judgment be sent to the
learned trial court immediately.
(Chandra Shekhar Jha, J)
Rajeev/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 27.06.2025
Transmission Date 27.06.2025
