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Patna High Court

Aditya ChaudharyversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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