Sunil Kumar Paswan Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Sunil Kumar Paswan Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of without interfering with the order dated 20.08.2019; liberty granted to the informant to file an application under Section 319 Cr.P.C./Section 358 B.N.S.S. if evidence comes during trial against O.P. Nos. 2 to 9, such application to be decided by the concerned Magistrate in accordance with law uninfluenced by this Court's observation.

Issue for consideration

Whether the order dated 20.08.2019, by which cognizance was taken only against two accused persons and no cognizance was taken against O.P. Nos. 2 to 9, should be interfered with by this Court.

Court's answer

In view of the submission that charges have already been framed against the two accused persons against whom cognizance was taken, the order dated 20.08.2019 should not be interfered with at this stage.

Ratio / Principle

The application stands disposed of with liberty to the informant to file an application under Section 319 Cr.P.C. / Section 358 B.N.S.S. if evidence comes during trial against O.P. Nos. 2 to 9.

Key takeaways

If such an application is filed, it shall be considered and disposed of by the concerned Magistrate in accordance with law, and the Magistrate shall not be influenced by the fact that this Court has observed for filing of an application under Section 319 Cr.P.C.ratio¶¶31

Detailed headnote1 paragraphs

Criminal Miscellaneous — challenge to cognizance order dated 20.08.2019 arising out of PS Case No. 36 of 2017 (Thana SC/ST, District Jamui), by which cognizance was taken only against two accused persons and not against opposite party nos. 2 to 9 — counsel for O.P. Nos. 2 to 9 pointed out that charges have already been framed against the two accused against whom cognizance was taken — Held, the cognizance order should not be interfered with at this stage; application disposed of with liberty to the informant to file an application under Section 319 Cr.P.C. / Section 358 B.N.S.S. if evidence comes during trial against O.P. Nos. 2 to 9 — any such application to be considered and disposed of by the concerned Magistrate in accordance with law, uninfluenced by the High Court's observation (Sandeep Kumar, J).

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.82381 of 2019

Arising Out of PS. Case No.-36 Year-2017 Thana- SC/ST District- Jamui

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SUNIL KUMAR PASWAN Son of Late Rameshwar Paswan Resident of Village- Pratappur, P.S.- Jamui, District- Jamui.

... ... Petitioner/s

Versus

The State of Bihar

Dipak Singh Son of Dukha Singh Resident of Village- Pratappur, P.S.Jamui, District- Jamui.

Narmdeshwar Singh Son of Late Nandan Prasad Singh Resident of VillagePratappur, P.S.- Jamui, District- Jamui.

Karmvir Singh @ Guddan Singh Son of Late Madanjeet Singh Resident of Village- Pratappur, P.S.- Jamui, District- Jamui.

Amit Kumar Singh @ Bullu Singh son of Late Krishna Prasad Singh @ Laddoo Singh Resident of Village- Pratappur, P.S.- Jamui, District- Jamui.

Prabhakar Singh Son of Bhuvaneshwari Singh Resident of VillagePratappur, P.S.- Jamui, District- Jamui.

Shashi Shekhar Kumar @ Bipin Kumar Singh Son of Bhuvneshwari Prasad Singh Resident of Village- Pratappur, P.S.- Jamui, District- Jamui.

Manoj Kumar Singh Son of Narmdeshwar Singh Resident of VillagePratappur, P.S.- Jamui, District- Jamui.

Randhir Singh @ Fuchan Singh Son of Late Madanjeet Singh Resident of Village- Pratappur, P.S.- Jamui, District- Jamui.

... ... Opposite Party/s

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Appearance :

For the Petitioner/s : Mr.Archit Rajpal, Advocate For the State : Ms.Usha Kumari 1, APP For the O.P. Nos. 2 to 9 : Mr.Pankaj Kumar Sinha, Advocate

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CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

3 27-01-2026 Heard learned counsel for the petitioner, learned

A.P.P. for the State and learned counsel for O.P. Nos. 2 to 9.

The present application has been filed for

challenging the order dated 20.08.2019 by which cognizance has been taken only against two accused persons and no

Patna High Court CR. MISC. No.82381 of 2019(3) dt.27-01-2026 2/2

cognizance has been taken against the rest of the accused persons i.e. O.P. Nos. 2 to 9.

At the very outset, learned counsel for O.P. Nos. 2 to 9 submits that in this case charges have been framed against two accused persons against whom cognizance was taken.

In these circumstances, I am of the view, the order dated 20.08.2019 should not be interfered with at this stage.

Hence, this application stands disposed of with liberty to informant to file an application under Section 319 Cr.P.C./ 358 B.N.S.S., if evidence comes during trial against the O.P. Nos. 2 to 9.

If such an application is filed, the same shall be considered and disposed of by the concerned Magistrate in accordance with law and he shall not be influenced by the fact that this Court has observed for filing of an application under Section 319 Cr.P.C.

(Sandeep Kumar, J)

tusharika/-

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