Patna High Court
Bhuti Yadav @ Mantosh Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Arms Act — s. 27
- Indian Penal Code — s. 109, 121(2), 132, 190, 191(2), 191(3), 3(5), 351(2), 352
- SC/ST (Prevention of Atrocities) Act — s. 3(2)(va)
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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