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IN THE HIGH COURT OF JUDICATURE AT PATNA
ARVIND SINGH CHANDEL
State of Bihar, through the Superintendent of Police, Economic Offences Unit, Bihar, Patna – Appellant
Versus
Ranjit Kumar Rajak, Son of Late Mahendra Prasad Rajak – Respondent
JUDGMENT :
(ARVIND SINGH CHANDEL, J.)
This revision petition has been preferred by the petitioner against the order dated 19.07.2023 passed by the Court of Sub Judge I -cum- ACJM I -cum- Assistant District Sessions Judge II, Patna in EOU PS Case No 20 of 2022 whereby and whereunder the learned Court below allowed the application filed by the opposite party under Section 239 of the Cr P C and discharged him from the said case which has been instituted for the alleges offence punishable under Sections 420 , 467, 468, 120B of the IPC, Section 66 of the IT Act and Sections 3 /10 of the Bihar Examination Control Act .
2 Facts of the case are that the FIR was lodged against unknown persons alleging therein that on 08.05.2022, the 67th BPSC Examination was being conducted across various centers in the State of Bihar. It is stated that an information was received that question paper has gone viral on social media even before the examination started. It was further informed that the candidates at the examination center falling in Veer Kunwar Singh College, Bhojpur at Ara boycotted the examination. The pictures of question paper and OMR sheet were made viral. It was further stated that copy o
Insufficient prima facie evidence against an accused is grounds for discharge under Section 239 of the CrPC, emphasizing the need for concrete evidence over mere suspicion.
The trial court must not act merely as a post office or a mouthpiece of the prosecution, but has to consider the broad probabilities of the case and the total effect of the material on record, of the....
Discharge of accused – Court is only to confined as to whether a prima facie case is made out or not – No defence on merits is to be considered at the time of framing charge and / or at stage of deci....
A discharge petition requires sufficient prima facie evidence; an absence in FIR or co-accused acquittals alone cannot substantiate discharge claims.
At the charge-framing stage, the court must determine if sufficient grounds exist for proceeding against the accused without conducting a detailed evidence review, focusing solely on prima facie mate....
Trial court must appropriately apply its judicial mind while deciding discharge application and not reject it summarily without examining evidence.
The court emphasized that a discharge is warranted when the allegations do not establish a prima facie case, particularly in the absence of strong suspicion and material evidence linking the accused ....
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