Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.4831 of 2011 ====================================================== 1. Sheo Nath Rai , son of sri Deo balak Rai. 2. Binay Rai, son of Sheo Nath Rai, both are resident of Village- Katsa, P.S. Bheldi, District- Saran. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Mukesh Kumar Singh, Advocate. For the Opposite Party/s : Mr. Anuradhe Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 23-03-2012 Heard learned counsel for the petitioners and learned counsel for the State. This application has been filed for quashing the order dated 13.1.2011 passed by the learned Additional Sessions Judge-IV (A D.J.4), Saran at Chapra in S.T. No.430 of 2010, arising out of Amnour (Bheldi) P.S. Case No.11 of 1999 registered under [STATUTE] and 27 of the Arms Act by which petition filed by the petitioners for discharge under section 227 of the Code of Criminal Procedure has been dismissed. The petitioners have been named in the First Information Report. According to the First Information Report on 1.2.1999 at 11 A.M. while the informant along with cousin Patna High Court Cr.Misc. No.4831 of 2011 (2) dt.23-03-2012 2 / 3 2 was on way to his house, as reached near the house of his co- villager Babu Lal Rai, all the accused persons variously armed with weapons came there and on the order of Sheo Nath Rai (petitioner no.1), co-accused Kapil Rai and Surendra Rai caught the informant and co-accused Mauji Rai started assaulting him with butt portion of gun. It has been further alleged that Kinnu Rai, Birendra Rai and Chandrika Rai assaulted him with lathi due to which he fell down and when his cousin Sanjay Rai tried to save him, Sheo Nath Rai and Prabhu Rai caught him and on the order of Sheo Nath Rai, Vinay Rai (petitioner no.2) fired at him from back side due to which Sanjay Rai fell down on the earth and died at the spot. Accordingly charge sheet was submitted. The Chief Judicial Magistrate on the basis of the materials available in the case diary has taken cognizance against the petitioners and they along with others were sent up for trial. The petitioners filed discharge petition which has been rejected by the court below and found that there are sufficient materials available on record to frame charge against the petitioners, accordingly the petition of discharge has been dismissed. Learned counsel for the petitioner submits that Patna High Court Cr.Misc. No.4831 of 2011 (2) dt.23-03-2012 3 / 3 3 though the petitioners were named in the First Information Report but after investigation the police found them innocent and the Chief Judicial Magistrate wrongly in exercise of power took cognizance against the petitioners, and wrongly held that the police has no power to discharge the accused persons. The order passed by the Chief Judicial Magistrate is not under challenge and this Court has only to see as to whether the Sessions Judge has committed an error in deciding the petition filed under section 227 of the Code of Criminal Procedure. From the impugned order it appears that the court below has considered different paragraphs of the case diary and also considered different aspect of the matter and came to the conclusion that there are sufficient materials on record to frame charge. I do not find any error in the impugned order. This application is accordingly dismissed. Vinay/- (Shivaji Pandey, J)

Applicable IPC Section: 148

Statute Text:
Section 148 of the Indian Penal Code. Rioting armed with deadly Weapon. Whoever is guilty of rioting, being armed with a deadly weapon or with anything which, used as a weapon of offence, is likely to cause death, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.