Dismissed¶21

Vikash Singh @ Vikash kumar Singh v. The State of Bihar

Patna HC9 Jul 2025CR. APP (SJ)/1821/2024

Case brief

AI extract

What is this about?

Appeal against trial court's rejection of Section 227 CrPC discharge petition dismissed as infructuous because charges were framed pending the appeal; the dispute over applicability of the SC/ST (POA) Act (no SC/ST offence mentioned in the FIR) was left unadjudicated. Special Judge (SC/ST) Barh, Special Case 16/2022, Barh P.S. Case 523/2021, chargesheet 221/22 dated 10-03-2022, IPC 307/302/120(B)/34 plus SC/ST Act. High Court of Judicature at Patna, Criminal Appeal (SJ) No.1821 of 2024, decided 09-07-2025 by Nawneet Kumar Pandey, J.

What did the court decide?

Since charges have already been framed in the underlying trial, this criminal appeal challenging the rejection of the Section 227 Cr.P.C. discharge petition has become infructuous, and the appeal is accordingly dismissed as infructuous. ¶20

Vikash Singh @ Vikash kumar Singh Vs The State of Bihar — Patna HC (2025) — LawSathi Research

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1821 of 2024

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Arising Out of PS. Case No.-523 Year-2021 Thana- BARH District- Patna

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======================================================

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Vikash Singh @ Vikash kumar Singh SON OF UDAY NARAYAN SHARMA Resident of village- Pandarak, P.S.- Pandarak, Distt.- Patna

¶5

RAKESH KUMAR @ RAKESH SINGH @ DABLOO SINGH SON OF UDAY NARAYAN SHARMA Resident of village- Pandarak, P.S.Pandarak, Distt.- Patna

... ... Appellant/s

Versus

The State of Bihar

... ... Respondent/s

====================================================== Appearance : For the Appellant/s : Mr.Dewanand Tiwari For the Respondent/s : Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

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ORAL ORDER

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7 09-07-2025 Heard learned counsel for the appellants and learned

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APP for the State.

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This Cr. Appeal has been filed in terms of SC/ST (POA) Amendment Act for setting aside the order dated 28-022024 passed by learned court of Special Judge (SC/ST) Barh in Special Case No, 16/2022 (arising out of Barh P.S. Case No. 523/2021) whereby and where under the learned Special Judge has dismissed the petition dated 12-02-24 filed under section 227 of Cr.P.C. on behalf of the Appellants for discharge them from allegation leveled against them under section 307,302,120(B)/34 of the Indian Penal Code. And SC/ST Act in which chargesheet has been submitted bearing No. 221/22 on 10-03-2022.

¶15

By the impugned order dated 28-02-2024 passed by

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Patna High Court CR. APP (SJ) No.1821 of 2024(7) dt.09-07-2025 2/2

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learned Special Judge, SC/ST (POA) Act in Special Case No. 16 of 2022 arising out of Barh P.S. Case No. 523 of 2021, the learned trial court has rejected the petition filed by the appellant under Section 227 of the Cr. P.C.

¶18

The appellant filed an application under Section 227 of the Cr.P.C. with a prayer that the provisions of SC/ST (POA) Act is not applicable in this case because in the FIR, there is no whisper about the offence under the provisions of SC/ST Act. Merely because the deceased was a member of SC/ST community, the learned trial court has found prima facie case under the provisions of SC/ST Act.

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Learned counsel for the informant submits that charges have been framed and as such, the stage of the trial has changed.

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It appears that charges have been framed in this case. As such, this appeal has become infructuous.

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Accordingly, this Cr. Appeal is dismissed being infructuous.

¶22

(Nawneet Kumar Pandey, J)

¶23

A.K.V.//- U T

Vikash Singh @ Vikash kumar Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Vikash Singh @ Vikash kumar Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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