Patna High Court
ARBIND YADAVversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The appeal is dismissed.
Summary
The appellant, Arbind Yadav, appealed against an order dated 12 February 2023 passed by the Additional District and Sessions Judge‑1‑cum‑Special Judge, Munger, in a case registered as PS Case No. 161 of 2020 involving offences under Sections 302 and 34 of the Indian Penal Code, Section 27 of the Arms Act and Sections 3(2)(v) and 3(1)(r)(s) of the SC/ST Act. The informant’s counsel submitted that the trial evidence had been closed. The Patna High Court, after hearing the parties on 2 April 2026, dismissed the appeal. However, the court granted the appellant liberty to move for recall of the order if the informant’s counsel’s statement is later found to be false.
Issues considered
- Whether the appeal is maintainable after the trial evidence has been closed
- Whether the appellate court can set aside the order on the ground of a false statement by the informant’s counsel
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 302, 34
- SC/ST (Prevention of Atrocities) Act — s. 3(1)(r)(s), 3(2)(v)
Subjects
- criminal appeal
- murder
- conspiracy
- arms possession
- SC/ST Act
- evidence closure
- appellate jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1701 of 2023
Arising Out of PS. Case No.-161 Year-2020 Thana- NAYA RAM NAGAR District- Munger
======================================================
ARBIND YADAV Son of Khevan Yadav @ Suresh Yadav Resident of village-
Adampur, P.S.-Naya Ramnagar, District-Munger
... ... Appellant/s
Versus
1. The State of Bihar Patna
2. JYOTI KUMARI Wife of Late Indal Paswan @ Pramod Kumar Paswan
Resident of village-Halimpur, P.S.-Naya Ramnagar (Safiasarai O.P.),
District-Munger
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Manoj Kumar Singh
For the Respondent/s : Mr.Binay Krishna
For the O.P. No. 02 : Mr. Rabi Bhushan
Mr. Ankit Kumar Jha
Ms. Rakhi Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
7 02-04-2026 Heard the parties.
2. This appeal is preferred against the order dated
12.02.2023 passed by the learned Additional District and
Sessions Judge-1-cum-Special Judge, Munger in connection
with Naya Ramnagar P.S. Case No. 161 of 2020 registered for
the offence under Section 302 and 34 of the Indian Penal Code,
under Section 27 of the Arms Act and under Section 3(2)(v) and
3(1)(r)(s) of the SC/ST Act.
3. Learned counsel for the informant, on instruction,
has submitted that the evidence in the trial has been closed.
4. In view of the above, this appeal stands dismissed.
Patna High Court CR. APP (SJ) No.1701 of 2023(7) dt.02-04-2026
2/2
5. However, the appellant is give liberty to mention
this case for recall of this order if the statement of the learned
counsel for the informant is found to be false.
(Sandeep Kumar, J)
Vikas/-
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