Kunal Kumar vs The State Of Bihar on 16 June, 2025

Patna High Court – Orders

Kunal Kumar vs The State Of Bihar on 16 June, 2025

Author: Nawneet Kumar Pandey

Bench: Nawneet Kumar Pandey

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.1616 of 2024
                       Arising Out of PS. Case No.-159 Year-2020 Thana- RAJGIR District- Nalanda
                 ======================================================
                 Kunal Kumar Son of Sharda Kumar @ Sharda Singh Resident of Village and
                 post office-Sithaura police station Rajgir, District Nalanda at present residing
                 at ward No 6, Giriyak Road Rajgir, post office and police station Rajgir,
                 District Nalanda (Bihar)
                                                                               ... ... Appellant/s
                                                      Versus
           1.     The State of Bihar Bihar
           2.     Mrityunjay Ranjan Son of Anil Paswan Resident of Village- Kutlupur,
                  Police Station- Ben, District- Nalanda (Bihar)
                                                                   ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr.Aklavya Chandan Kumar
                 For the Respondent/s    :        Mr.Binay Krishna
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

7   16-06-2025

Heard the parties.

2. The present application has been filed for quashing

the order of cognizance dated 27.09.2023 passed in Rajgir P.S

Case No. 159 of 2020/Special (SC/ST) Case No. 108 of 2020 by

the learned court of Sixth Additional District and Sessions

Judge, Nalanda-cum-Special Judge, SC/ST Court, Nalanda at

Bihar Sharif, whereby the learned court below has taken

cognizance of alleged offences under Sections 147, 148, 149,

341, 323, 324, 504, 506 of I.P.C., 1860 as well as under Sections

3 (1)(r) (s) and 3 (2) (va) of the Scheduled Caste and Scheduled

Tribes (Prevention of atrocities) Act, 1989 (in short ‘the Act of

1989).

3. After being satisfied that there was prima facie

material against the appellant, the learned court below, vide
Patna High Court CR. APP (SJ) No.1616 of 2024(7) dt.16-06-2025
2/2

order dated 27.09.2023 in Rajgir P.S. Case No. 159 of 2020

(Special SC/ST Case No. 108 of 2020), issued summons against

the appellant, differing from the opinion of the investigating

authorities who had exonerated the appellant and had not sent

him up for trial.

4. The learned court below, after considering the

material available with the record, found that the case was made

out against the appellant under Section 147, 148, 149, 341, 323,

324, 504, 506 of I.P.C., 1860 as well as under Sections 3 (1)(r)

(s) and 3 (2) (va) of the Act of 1989, but it did not find prima

facie case against the appellant under Sections 307 and 325 of

the IPC.

5. After being satisfied that there were materials

prima facie for issuance of summons, the impugned order was

passed.

6. In my view, the order under appeal does not

require interference. Accordingly, the appeal is dismissed.

(Nawneet Kumar Pandey, J)

kundan/-

U      T