Patna High Court
Rana Ram Kishore Singh @ Rana Ram Kishor … vs The State Of Bihar on 19 August, 2025
Author: Alok Kumar Pandey
Bench: Alok Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1586 of 2025
Arising Out of PS. Case No.-26 Year-2017 Thana- SC/ST District- Patna
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1. Rana Ram Kishore Singh @ Rana Ram Kishor Singh S/o- Suresh Prasad
Singh @ Suresh Singh Resident of Mohalla- Siddarth Nagar, Jagdeopath,
P.S.- Hawai Adda, Dist- Patna
2. Abinash Singh @ Avinash Kumar S/o- Rana Ram Kishore Singh @ Sri Rana
Ram Kishor Singh Resident of Mohalla- Siddarth Nagar, Jagdeopath, P.S.-
Hawai Adda, Dist- Patna
... ... Appellants
Versus
1. The State of Bihar Bihar
2. Munni Lal Paswan S/o- Late Nanhku Paswan Moh- Khajpura Ps- Hawai
Adda Dist- Patna
... ... Respondents
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Appearance :
For the Appellants : Mr.Sunil Kumar Singh, Advocate
For the Respondents : Mr. Sadanand Paswan, A.P.P
For the Informant : Ms. Shalini, Advocate
Mr. Sanjeev Kr. Sharma, Advocate
Mr. Santosh Kumar, Advocate
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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL JUDGMENT
Date : 19-08-2025
Heard the parties.
2. This is an application for quashing the order dated
28.01.2025
passed by the Learned Exclusive Special Judge
SC/ST (P.O.A) Act, Patna in connection with Special (SC/ST)
Case No. 772 of 2017 arising out of SC/ST P.S. Case No. 26 of
2017, registered under Sections 448, 341, 323, 379, 504/34 of
the Indian Penal Code and 3(1)(r),3(1)(g),3(1)(z) of SC/ST act,
against the appellants, whereby and whereunder the learned trial
Patna High Court CR. APP (SJ) No.1586 of 2025 dt.19-08-2025
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court has rejected the discharge petition dated 03.05.2023 filed
by the appellants and the case is pending before Learned
Exclusive Special Judge SC/ST (P.O.A) Act, Patna.
3. As per prosecution case, informant submitted a written
report, on 09.11.2017, before the S.H.O., SC/ST P.S Patna
stating that informant alongwith Jankuwari Devi had sold 14
dhur land to Indu Devi and left a 6 feet wide and 45 feet long
path for Indu Devi to use for pavement and the remaining land
was kept by the informant for use. On 01.11.2017, when
informant went to see his remaining land, Rana Ram Kishore
Singh (appellant No.1) and Abinash Singh (appellant no.2)
encroached upon the land of the informant and when the same
was objected, appellants began to abuse him by calling caste
name and they also assaulted informant by fists as a result of
which he sustained injury. Appellant no. 2 took Rs. 5000 from
informant’s pocket and appellant no. 1 snatched the gold chain
of the informant. Appellants also dashed the informant due to
which he felt humiliated.
4. Learned counsel for the appellants has submitted that the
impugned order is illegal and bad in law as the concerned court
has failed to appreciate the merit of case and rejected the
discharge petition. There was no any issue of land in question as
Patna High Court CR. APP (SJ) No.1586 of 2025 dt.19-08-2025
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land has already been sold by the informant and no case is made
out under Section 3(1)(r)(s)/3(2)(v) of S.C & S.T Act against the
appellants. 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 Section 448, 341, 323, 379, 504/34 of the IPC and
3(1)(2) SC/ST Act and court has also taken cognizance under
the same sections. It has been submitted that statement of
witnesses under Section 164 of Cr.P.C supported the story of
prosecution, and participation of the appellants in the said
occurrence cannot be outrightly rejected. Hence, sufficient
material are available to proceed with the case. The concerned
court has aptly rejected the discharge petition.
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.
Patna High Court CR. APP (SJ) No.1586 of 2025 dt.19-08-2025
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After going through the impugned order dated 28.01.2025
passed by the Learned Exclusive Special Judge SC/ST (P.O.A)
Act, Patna in connection with Special (SC/ST) Case No. 772 of
2017 arising out SC/ST P.S. Case No. 26 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
28.01.2025.
8. Accordingly, the present appeal stands dismissed at the
stage of admission itself.
(Alok Kumar Pandey, J)
vashudha/-
AFR/NAFR NAFR CAV DATE NA Uploading Date 23.08.2025 Transmission Date NA