IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1853 of 2024 Arising Out of PS. Case No.-145 Year-2018 Thana- BHAGWANPUR District- Kaimur (Bhabua)

====================================================== 1. Shivaji Singh son of Babua Singh village-jaitpur kalan p.s-Bhagwanpur

2. chandra Shekhar singh son of shivaji singh village-jaitpur kalan p.s-

Bhagwanpur

3. Krishna singh@kaji singh son of shivaji singh village-jaitpur kalan p.s-

Bhagwanpur

4. Kamla Nand Singh son of late shiv sevak Lal( but in the F.I.R. Father name disclosed as not known) village-jaitpur kalan p.s-Bhagwanpur ... ... Appellant/s Versus

1. The State of Bihar

2. Lutawan Ram son of late Rambaran Ram village-jaitpur kalan p.s-

Bhagwanpur ... ... Respondent/s ======================================================

Appearance :

For the Appellant/s : Mr.Dudhnath Singh For the Respondent/s : Mr.Sadanand Paswan ======================================================

CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

9 10-03-2026 1. Heard the parties.

2. This appeal has been filed for quashing the order dated

12.01.2023 passed by the learned Additional District & Sessions Judge 1^st-cum-Special Judge, SC/ST Act, Kaimur at Bhabhua in I.A. No. 01 of 2022 in S.C./S.T. Trial Case No. 142 of 2018 arising out of Bhagwanpur P.S. Case No. 145 of 2018 dated 11.08.2018 registered under Section 147 / 148 / 149 / 341 / 323 / 307 / 435 of the I.P.C. and Section 3(1)(r)(s) SC / ST Act by which discharge petition of the appellants has been rejected.

3. The prosecution case as per the First Information Report is that on 11.08.2018 at about 11:30 A.M. while the informant along with others was engaged in cleaning paddy crops in their agricultural land, in the meantime, the appellants along with ten other co-accused persons arrived there on a tractor out of which six unknown accused persons who were standing at some distance and armed with weapons started abusing the informant and others by taking their caste name and threatened them with dire consequences if they did not vacate the land. It is alleged that the accused persons started assaulting the informant and other persons present there due to which they sustained injuries. It has further been alleged that three huts which had been constructed for cooking food and for temporary residence during cutting of paddy crops were set on fire by the accused persons due to which all the articles kept therein were completely burnt.

4. The present case was instituted against 14 accused persons but after investigation charge sheet was submitted only against 10 accused persons under Sections 147, 148, 149, 341, 323, 307, 435 I.P.C. and under Section 3 (1) (r) (s), 3(2)(v) of the SC/ST Act. Thereafter, learned Special Judge differing with the final report took cognizance under the same Sections against all 14 accused persons named in F.I.R. on 12.06.2020.

5. Learned counsel for the appellants submits that upon bare perusal of the First Information Report it would appear that there are only general and omnibus allegations of assault against the accused persons. The specific allegation of abusing the informant and his companions by taking caste name and threatening to kill them has been attributed to unknown persons. It is further submitted that no offence under the provisions of the SC/ST Act is made out against the appellants as the alleged occurrence appears to have taken place on account of an old land dispute between the parties. Learned counsel next submits that the injuries sustained by the informant’s side are simple in nature. It is also contended that Police while submitting police report / charge sheet exonerated the appellants, however, the learned Special Judge took cognizance against all the accused persons.

6. Learned counsel next submits that the appellants have been falsely implicated in the present case by the informant due to village politics. He further submits that the entire prosecution considering the aforesaid submission m