Patna High Court
Bhikhari Shekh vs The State Of Bihar on 14 October, 2025
Author: Alok Kumar Pandey
Bench: Alok Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4621 of 2023
Arising Out of PS. Case No.-107 Year-2023 Thana- SAHIYARA District- Sitamarhi
======================================================
1. BHIKHARI SHEKH S/O- LATE RAHMAN SHEKH Village- Dhumha Ps-
Sahiyara Dist- Sitamarhi
2. Gulab Shekh son of Bhikhari Shekh Village- Dhumha Ps- Sahiyara Dist-
Sitamarhi
... ... Appellant/s
Versus
1. The State of Bihar Bihar
2. Keshbar Paswan son of Birbal Paswan @ Girbal Paswan Village- Dhumha
Ps- Sahiyara Dist- Sitamarhi
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Ashok Kumar Jha
For the Respondent/s : Mr.Binay Krishna
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL JUDGMENT
Date : 14-10-2025
Heard both sides.
2. The present appeal is directed against the order
dated 24.08.2023 passed by the learned Ist Additional Sessions
Judge -cum- Special Judge, SC/ST Act, Sitamarhi in connection
with Sahiyara P.S. Case No. 107 of 2023, registered under
Sections 341, 323, 324, 307, 337, 448, 427, 379, 504, 34 of the
IPC and Section 3(i)(r)(s) of SC/ST (Prevention of Atrocities)
Act whereby and whereunder cognizance for the offences
punishable under Sections 341, 323, 337, 448, 427, 504/34 of
the IPC and Section 3(i)(r)(s) of SC/ST (Prevention of
Atrocities) Act has been taken against the appellants.
Patna High Court CR. APP (SJ) No.4621 of 2023 dt.14-10-2025
2/7
3. The prosecution story, in brief, is that respondent
no. 2/ informant submitted his written statement before the SHO
of Sahiyara Police Station, Sitamarhi stating therein that on
15.06.2023
at 7:00 PM, appellant no. 1, who was neighbor of
informant, was repairing the house upon which case is going on
and when the same was objected by the informant due to
pending litigation, the appellants and other armed with lathi,
danda and sword, started abusing the informant by calling his
caste name. It is alleged that appellant no. 2 assaulted the
informant upon his head by means of sword as a result of which
blood started oozing out. Thereafter, other family members of
the informant came and tried to pacify the dispute but all the
accused persons started pelting stones upon the informant and
his family members. It is alleged that they also damaged some
articles of informant's house and appellant no. 1 took out Rs.
10,000/- from box. Thereafter, police arrived at the place of
occurrence and informant was taken to the hospital.
4. On the basis of said written statement, Sahiyara
P.S. Case No. 107 of 2023 has been registered for the offences
punishable under Sections 341, 323, 324, 307, 337, 448, 427,
379, 504, 34 of the IPC and Section 3(i)(r)(s) of SC/ST
(Prevention of Atrocities) Act.
Patna High Court CR. APP (SJ) No.4621 of 2023 dt.14-10-2025
5. Learned counsel for the appellants submits that in
the background of land dispute, the false case has been
instituted against the appellants. He further submits that there is
case and counter case between the parties on the same date of
occurrence and the case of appellants is prior to the case filed by
the informant of the present case. In the light of the facts and
circumstances of the case, no offence of SC/ST is made out
against the appellants as Title Suit no. 33 of 2017 (Annexure 2)
is also pending since 2017 before the Sub Judge - I, Sitamarhi.
He further submits that the present case has been lodged by the
informant just to misuse the privilege of SC/ST Act. He further
submitted that investigation conducted by the police is faulty
and charge sheet has been submitted under the provision of
SC/ST Act just to implicate the appellants. Learned counsel for
the appellants submits that investigating officer, after
completion of investigation, submitted charge sheet under
Sections 341, 323, 337, 448, 427, 504 and 34 of IPC and
Section 3(i)(r)(s) of the SC/ST (POA) Act and without
application of judicial mind, the learned trial court has taken
cognizance against the appellants under the said sections. In the
light of aforesaid fact, order passed by the concerned court is
not justified and legal and same is fit to be set aside.
Patna High Court CR. APP (SJ) No.4621 of 2023 dt.14-10-2025
6. Learned Special Public Prosecutor for the State
submits that appellants and informant are neighbor and
appellants are well aware of the fact as to which caste informant
and his family members belong to. He further submits that as
per prosecution case, the appellants and other armed with lathi,
danda and sword started abusing the informant by calling his
caste name. He further submits that appellant no. 2 assaulted the
informant upon his head by means of sword as a result of which
blood started oozing out and appellant no. 1 took out Rs.
10,000/- from the box of informant's house. He further submits
that the FIR clearly indicates that the occurrence had taken place
at the disputed land where repairing of house was going on and
other persons were also present at the place of occurrence which
attracts the mandate of SC/ST Act. He further submits that there
is allegation against the appellants and other that they abused
the informant by calling his caste name and appellant no. 2 also
assaulted the informant. He further submits that the accusation
as alleged in the FIR clearly reflects that occurrence took place
in public gaze and hence, contention of learned counsel for the
appellants is neither tenable nor sustainable in the light of the
accusation made in FIR. He further submits that FIR has been
lodged under Sections Sections 341, 323, 324, 307, 337, 448,
Patna High Court CR. APP (SJ) No.4621 of 2023 dt.14-10-2025
427, 379, 504, 34 of the IPC and Section 3(i)(r)(s) of SC/ST
(Prevention of Atrocities) Act. Learned counsels further submits
that the investigating officer has conducted investigation on all
points as alleged in the FIR and after completion of
investigation submitted charge sheet under Sections 341, 323,
337, 448, 427, 504 and 34 of IPC and Section 3(i)(r)(s) of the
SC/ST (POA) Act. He further submits that the learned trial
court has found that sufficient material is available against the
appellants and concerned court took cognizance against the
appellants under Sections 341, 323, 337, 448, 427, 504/34 of
IPC and Section 3(1)(r)(s) of SC/ST (POA) Act on the basis of,
prima facie, material available on record. In this way, the trial
court has applied its judicial mind and after going through all
the material available on record, the court has passed the
reasoned order and hence, no interference is needed.
7. After hearing the parties concerned as well as
material available on record, it is crystal clear that contention of
appellants' counsel is neither tenable nor sustainable in the light
of verbatim of the informant, who has specifically stated that
appellants are said to have used abusive language indicating
caste name. The contention of learned counsel for the State is
quite relevant as per accusation made in the FIR. The
Patna High Court CR. APP (SJ) No.4621 of 2023 dt.14-10-2025
Investigating Officer has conducted investigation on all points
and after completion of investigation submitted charge sheet
under Sections 341, 323, 337, 448, 427, 504 and 34 of IPC and
Section 3(i)(r)(s) of the SC/ST (POA) Act.
8. It is necessary to cite decision rendered by the
Hon'ble Supreme Court in the case of Sonu Gupta vs. Deepak
Gupta and Others reported in (2015) 3 SCC 424 in which at
para 8 it has been held as follows:-
'8. At the stage of cognizance
and summoning the Magistrate is required to apply
his judicial mind only with a view to take cognizance
of the offence, or, in other words, to find out whether
a prima facie case has been made out for
summoning the accused persons. At this stage, the
learned Magistrate is not required to consider the
defence version or materials or arguments nor is he
required to evaluate the merits of the materials or
evidence of the complainant, because the Magistrate
must not undertake the exercise to find out at this
stage whether the materials will lead to conviction
or not.'
9. From perusal of the order dated 24.08.2023
passed by Ist Additional Sessions Judge -cum- Special Judge,
SC/ST (POA) Act, Sitamarhi in connection with Sahiyara P.S.
Case No. 107 of 2023, it appears that the order has been passed
upon due consideration of the case diary and charge-sheet
coupled with material available on record.
10. Considering the facts and circumstances of the
Patna High Court CR. APP (SJ) No.4621 of 2023 dt.14-10-2025
case and also that a prima facie case has been found against the
appellants having regard to the accusations made in the First
Information Report and the material available on the record, this
court is not inclined to interfere with the impugned order dated
24.08.2023.
11. Keeping in view all the aspects and discussions
made above, I find no reason to differ from the finding of the
trial court.
12. Accordingly, the present appeal is dismissed at
the stage of admission itself.
(Alok Kumar Pandey, J)
alok/-
AFR/NAFR AFR
CAV DATE N/A
Uploading Date 17.10.2025
Transmission Date 17.10.2025.
