Patna High Court
Ram Pukar Prasad vs The State Of Bihar on 6 May, 2025
Author: Chandra Shekhar Jha
Bench: Chandra Shekhar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48035 of 2024
Arising Out of PS. Case No.-93 Year-2021 Thana- SAHARGHAT District- Madhubani
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1. Ram Pukar Prasad, Son of Ramchandra Prasad
2. Tannu Kumari, D/o Ramu Prasad
3. Vina Devi, W/o Rampukar Prasad
4. Anita Devi Wife of Ramu Prasad
5. Jiwachhi Devi W/o Ramchandra Mahto
All are R/o Village-Kerwa Khirodhoni Toll, P.S.-Saharghat, Dist-
Madhubani, Bihar
... ... Petitioners
Versus
1. The State of Bihar
2. Pramila Devi, W/o Tej Narayan Mahto, Resident of Village-Kerwa
Khirodhani Tol, P.S.-Saharghat, District-Madhubani
... ... Opposite Parties
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Appearance :
For the Petitioner/s : Mr. Ujjwal Kumar, Advocate
For the Opposite Party/s : Md. Aslam Ansari, APP
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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL JUDGMENT
Date : 06-05-2025
The defects as pointed out by office be ignored for the
present.
2. At the request of learned counsel for the
petitioners the matter is taken up for hearing under the heading
"For Admission".
3. The present petition has been preferred for
quashing of the order dated 19.04.2024 passed by learned
Additional Sessions Judge-IV, Madhubani in S.T. No. 394 of
Patna High Court CR. MISC. No.48035 of 2024 dt.06-05-2025
2023 arising out of Saharghat P.S. Case No.93 of 2021,
whereby the learned trial court has pleased to reject the petition
dated 06.12.2023 filed on behalf of the petitioners under
Section 227 of the Code of Criminal Procedure (in short 'CrPC')
for discharge the petitioners in the aforesaid case.
3. It is submitted by learned counsel that as per FIR,
the allegation qua physical assault is general and omnibus
against the petitioners and moreover same appears on the non-
vital part. It is submitted that the weapons to cause fatal assault
was lathi. It is also submitted that the present occurrence took
place in the background of land dispute for which, the counter
case was lodged by petitioners' side also, where both parties
received injuries and as occurrence was prima facie free fight in
nature, therefore, it can be safely said that petitioners were not
under intention to cause death of injured/informant. In support
of his submission, learned counsel has relied upon the legal
report of Hon'ble Supreme Court as available in the matter of
Jage Ram vs. State of Haryana & Ors. [(2015) 11 SCC
366] and, therefore, impugned order is fit to be quashed as no
case for offence u/s 307 of IPC made out against petitioner.
4. Learned APP while opposing the present petition
Patna High Court CR. MISC. No.48035 of 2024 dt.06-05-2025
submitted that the probative analysis of materials are not
permissible at this stage and mere grave suspicion is required
for framing of charge. It is submitted by learned APP that the
impugned order is detailed and reasoned order and there is no
occasion for this Court to interfere with.
5. Considering the aforesaid submissions and counter
submissions, this Court is of the view that the probative analysis
of materials are not permissible at this stage as same can be
taken care during trial only. Accordingly, the present petition
appears devoid of any merit.
6. In view of aforesaid, the present petition stands
dismissed.
7. Let a copy of this order be communicated to the
learned trial court forthwith.
(Chandra Shekhar Jha, J.)
Sanjeet/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 09-05-2025
Transmission Date 09-05-2025
