Patna High Court
Sagar Paswan @ Sagar KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The appeal is not maintainable as the process under Sections 82 and 83 of the CrPC has been exhausted.
Summary
The appellant Sagar Paswan appealed against the order of the Special Judge under the SC/ST Act dated 13‑08‑2025, which had convicted him for offences including murder, attempt to conceal murder, criminal conspiracy, criminal breach of trust and cheating, as well as an offence under Section 3(2)(v) of the SC/ST Act. The informant argued that the procedural remedies under Sections 82 and 83 of the Criminal Procedure Code had already been exhausted. The Patna High Court examined whether the appeal was maintainable in view of that exhaustion. The Court held that because the processes under Sections 82 and 83 were complete, the appeal could not be entertained. Consequently, the appeal was dismissed and the appellant was directed to surrender and seek regular bail.
Issues considered
- Whether an appeal under the SC/ST Act is maintainable when the processes under Sections 82 and 83 of the Criminal Procedure Code have been exhausted
Legislation cited
- Code of Criminal Procedure, 1973 — s. 82, 83
- Indian Penal Code — s. 120, 201, 302, 406, 420
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(2)(v)
Subjects
- SC/ST Act
- Criminal Procedure Code
- Section 82
- Section 83
- appeal maintainability
- bail
- criminal appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4152 of 2025
Arising Out of PS. Case No.-94 Year-2022 Thana- SASARAM MUFFSIL District- Rohtas
======================================================
Sagar Paswan @ Sagar Kumar S/o- Nathuni Paswan Village- Kachar, Police
Station- Dumaria, District-Gaya
... ... Appellant/s
Versus
1. The State of Bihar Bihar
2. Sukhan Ram S/o- Late Bagedu Ram R/v- Rasulpur Karmhari Mohania
W.No-2, Os- Mohania Dist- kaimur
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Aryan Singh
For the Respondent/s : Mr.Binay Krishna
For the Informant : Mr. Ravi Shankar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 12-03-2026 Heard the parties.
2. This appeal is preferred against the order dated
13.08.2025 passed by the learned Special Judge, SC/ST Act in
connection with Sasaram Muffasil P.S. Case No. 94 of 2022
registered for the offence under Sections 302, 201, 120(B), 406,
420 of the Indian Penal Code and under Sections 3(2)(v) of the
SC/ST Act.
3. At the very outset, it has been submitted by the
learned counsel for the informant that the process under Section
82 and 83 of the Cr.P.C. has been exhausted against the
appellant.
4. In view of the aforesaid submission, this appeal is
Patna High Court CR. APP (SJ) No.4152 of 2025(4) dt.12-03-2026
2/2
held to be not maintainable.
5. Accordingly, this appeal stands dismissed.
6. The appellant is directed to surrender and pray for
regular bail.
(Sandeep Kumar, J)
Vikas/-
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