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Patna High Court

Subhash RaiversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The appeal is not maintainable and is therefore dismissed.

Summary

The appellant Subhash Rai challenged the order of the Exclusive Special Judge dated 18‑08‑2025 in a case registered under Gaighat Police Station for offences including assault, attempt to murder and caste‑based abuse under the Indian Penal Code and the SC/ST (Prevention of Atrocities) Act. The prosecution alleged that the accused assaulted the informant over a money dispute and used caste‑related insults. The High Court examined the FIR and the charges and concluded that the application for appeal was not maintainable. Consequently, the Court dismissed the appeal. The decision was delivered by Justice Sandeep Kumar on 12‑03‑2026.

Issues considered

  • Whether the appeal filed by the appellant is maintainable under the applicable criminal procedure law

Legislation cited

Subjects

  • assault
  • caste discrimination
  • SC/ST (Prevention of Atrocities) Act
  • maintainability
  • criminal appeal

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.4156 of 2025
                    Arising Out of PS. Case No.-431 Year-2023 Thana- GAIGHAT District- Muzaffarpur
                 ======================================================
                 Subhash Rai S/o Mahesh Rai R/o village- Mishrauli, PS- Gaighat, Dist-
                 Muzaffarpur

                                                                                  ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar Bihar
           2.    Gajendra Paswan S/o Late Ram Vriksh Paswan R/o vill - Barri Bhawanipur,
                 P.S.- Katra, Distt.- Muzaffarpur

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :       Mr.Sunil Kumar Pandey
                 For the Respondent/s    :       Mr.Binay Krishna
                 For the Informant       :       Mr. Sharad Kumar Verma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   12-03-2026                   Heard the parties.

                                2. This appeal is preferred against the order dated

                   18.08.2025 passed by the learned Exclusive Special Judge,

                   SC/ST Act, Muzaffarpur in connection with Gaighat P.S. Case

                   No. 431 of 2023 registered for the offence under Sections 341,

                   323, 307, 504, 506/34 of the Indian Penal Code and under

                   Sections 3(1)(r), 3(1)(a) and 3(1)(t) of the SC ST act.

                               3. As per the prosecution case, the accused persons

                   are said to have assaulted the informant because of money

                   dispute and they have abused him by taking caste related

                   abuses.

                               4. From the reading of the FIR, offences, as alleged,
          Patna High Court CR. APP (SJ) No.4156 of 2025(4) dt.12-03-2026
                                                       2/2




                    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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