Patna High Court
Shivam Chaudhary @ PolardversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The appeal is dismissed as the application is not maintainable.
Summary
Shivam Chaudhary was charged with theft, assault with an iron rod, and caste-based abuse under several sections of the Bihar Penal Code and the Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act. The prosecution alleged that the accused entered the informant's shop, stole articles, and when asked to pay, assaulted the informant, causing leg injury and using caste slurs. The appellant pleaded innocence, claiming false implication. The Special Judge had earlier ordered proceedings, and the appellant appealed against that order. The High Court examined the FIR and found that the offences alleged were substantiated, rendering the appellant's application untenable, and consequently dismissed the appeal.
Issues considered
- Whether the appeal against the Special Judge's order is maintainable in view of the FIR and alleged offences
- Whether the appellant can be held liable for the offences under the Bihar Penal Code and the SC/ST (Prevention of Atrocities) Act
Legislation cited
- Bihar Penal Code (BNS) — s. 109, 115(2), 126, 190, 191(2), 191(3), 303(2)
- Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act — s. 3(1)(r), 3(1)(s), 3(2)(va)
Subjects
- theft
- assault
- caste-based violence
- SC/ST Act
- criminal appeal
- maintainability
- conviction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4756 of 2025
Arising Out of PS. Case No.-164 Year-2025 Thana- DALSINGHSARAI District- Samastipur
======================================================
Shivam Chaudhary @ Polard S/o Vijay Kumar Chaudhari R/o village -
Nagargama, Police Station - Dalsingsarai , District - Samastipur
... ... Appellant/s
Versus
1. The State of Bihar Bihar
2. Umesh Ray S/o Ramlolin Ray R/o Village - Ghat Nawada, P.S -
Dalsingsarai, District - Samastipur
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Mahendra Pratap, Advocate
For the Respondent/s : Mr. Binay Krishna, Spl. PP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 05-05-2026 Heard the parties.
2. This appeal is preferred against the order dated
02.09.2025 passed by the learned Special Judge, SC/ST, (POA),
Act Samastipur in ABP No. 1426 of 2025 in connection with
Dalsinghsarai 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)(s) and 3(2)(va) of
the Schedule Caste / Schedule Tribes (Prevention of Atrocities)
Act.
3. As per the prosecution case, the accused persons
including the appellant came at the shop of the informant and
have taken some articles from his shop and when the informant
Patna High Court CR. APP (SJ) No.4756 of 2025(3) dt.05-05-2026
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asked to pay the money, then the appellant assaulted the
informant by means of iron rod due to which he fell down and
also assaulted on his leg due to which he sustained leg injury.
They have abused him with caste name. Appellant has six
criminal antecedents.
4. Learned counsel for the appellant submits that the
appellant is innocent and has falsely been implicated in this
case.
5. 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.
6. Accordingly, this appeal stands dismissed.
(Sandeep Kumar, J)
Ranjeet/-
U T
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