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Patna High Court

Bhuti Yadav @ Mantosh Kumar SinghversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The appeal is not maintainable and is dismissed.

Summary

The appellant, Bhuti Yadav, was convicted in a trial court for multiple offences including sections 190, 191(2), 191(3), 109, 352, 351(2), 3(5), 121(2), 132 of the Indian Penal Code, Section 27 of the Arms Act and Section 3(2)(va) of the SC/ST (Prevention of Atrocities) Act. The prosecution alleged that the accused assaulted a police party during a raid and resisted arrest by Sub‑Inspector Paswan. On appeal, the High Court examined the FIR and the trial court's findings. The Court held that the FIR itself established the prima facie case against the appellant, rendering the appeal non‑maintainable. Consequently, the appeal was dismissed and the appellant was ordered to surrender within four weeks and to apply for regular bail.

Issues considered

  • Whether the appeal under criminal procedure is maintainable when the FIR discloses a prima facie case against the appellant

Legislation cited

Subjects

  • criminal appeal
  • maintainability
  • FIR
  • assault on police
  • bail
  • Indian Penal Code
  • Arms Act
  • SC/ST Act

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.479 of 2026
                        Arising Out of PS. Case No.-173 Year-2025 Thana- ITARHI District- Buxar
                 ======================================================
                 Bhuti Yadav @ Mantosh Kumar Singh Son of Birendra Yadav @ Chhabinath
                 Singh R/o Village - Orap, P.S. - Itarhi, District - Buxar.

                                                                                   ... ... Appellant/s
                                                        Versus
                 The State of Bihar Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr.Satyapal Singh
                 For the Respondent/s    :        Mr.Sadanand Paswan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   12-03-2026                    Heard the parties.

                               2. This appeal is preferred against the order dated

                   17.12.2025 passed by the learned 1st Additional Sessions Judge-

                   cum-Special Judge in ABP No. 1389 of 2025 arising out of

                   Itarhi P.S. Case No. 173 of 2025 registered for the offence under

                   Sections 190, 191(2), 191(3), 109, 352, 351(2), 3(5), 121(2),

                   132 of the BNS, under Section 27 of the Arms Act and under

                   Section 3(2)(va) of the SC/ST Act.

                               3. As per the prosecution case, the accused person/s

                   are said to have assaulted the police party during raid and they

                   have also said that Paswan Sub-Inspector has came to arrest

                   them.

                               4. From the reading of the FIR, it appears that

                   offences, as alleged, are made out against the appellants and
          Patna High Court CR. APP (SJ) No.479 of 2026(3) dt.12-03-2026
                                                       2/2




                    therefore this appeal is held to be not maintainable.

                                 5. Accordingly, this appeal stands dismissed.

                                 6. The appellant is directed to surrender within four

                    weeks from today and pray for regular bail.



                                                                   (Sandeep Kumar, J)
Vikas/-

U


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