Patna High Court
Aditya ChaudharyversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The appeal is not maintainable and is dismissed, upholding the Special Judge’s order.
Summary
The appellant, Aditya Chaudhary, was charged with theft, assault and caste-based harassment after allegedly taking articles from an informant's shop, refusing to pay, and assaulting the informant while using caste slurs. The prosecution charged him under several sections of the Bihar Penal Code (Sections 191(2), 191(3), 190, 126, 115(2), 109, 303(2)) and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (Sections 3(1)(r), 3(1)(s), 3(2)(va)). The Special Judge had held that the FIR disclosed cognizable offences and dismissed the appellant's application for relief. The appellant appealed this order before the Patna High Court. The High Court examined whether the appeal was maintainable and whether the FIR sufficiently alleged the offences. Finding the FIR sufficient and the appeal not maintainable, the Court dismissed the appeal, upholding the Special Judge’s order.
Issues considered
- Whether the appeal filed by the appellant is maintainable under the procedural law.
- Whether the FIR sufficiently discloses the offences alleged under the Bihar Penal Code and the SC/ST Act.
Legislation cited
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(1)(r), 3(1)(s), 3(2)(va)
Subjects
- assault
- theft
- caste harassment
- SC/ST Act
- criminal appeal
- maintainability
- FIR
- special judge
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4144 of 2025
Arising Out of PS. Case No.-164 Year-2025 Thana- DALSINGHSARAI District- Samastipur
======================================================
Aditya Chaudhary S/O Jitendra Kumar Chaudhary Resident of Village-
Nagargama, P.S- Dalsingh Sarai, Distt.- Samastipur.
... ... Appellant/s
Versus
1. The State of Bihar Bihar
2. Umesh Ray S/O Ramlolin Ray R/O Village- Ghat Nawada, P.S- Dalsingh
Sarai, Distt.- Samastipur.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Raja Ram Mishra
For the Respondent/s : Mr.Binay Krishna
For the Informant : Mr. Ujjawal Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 12-03-2026 Heard the parties.
2. This appeal is preferred against the order dated
28.08.2025 passed by the learned Special Judge, SC/ST, POA,
Act Samastipur in ABP No. 1324 of 2025 in connection with
Dalsingh Sarai P.S. Case No. 164 of 2025 registered for the
offence under Sections 191(2), 191(3), 190, 126, 115(2), 109,
303(2) of the BNS and under Sections 3(1)(r), 3(1)(s) and 3(2)
(va) of the SC ST act.
3. As per the prosecution case, the accused persons
came at the shop of the informant and have taken some articles
from his shop and when the informant asked to pay the money,
they have assaulted the informant and have abused him with
Patna High Court CR. APP (SJ) No.4144 of 2025(4) dt.12-03-2026
2/2
caste name.
4. From the reading of the FIR, offences, as alleged,
are made out against the accused persons and therefore this
application is held to be not maintainable.
5. Accordingly, this appeal stands dismissed.
(Sandeep Kumar, J)
Vikas/-
U
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