Patna High Court
Birendra KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The appeal is not maintainable and is dismissed.
Summary
The appellant, Bhuti Yadav, appealed against the order of the 1st Additional Sessions Judge‑cum‑Special Judge dated 17‑12‑2025 in a case registered as Itarhi P.S. Case No. 173 of 2025. The prosecution alleged that the accused assaulted a police party during a raid and resisted arrest by Sub‑Inspector Paswan, invoking offences under several sections of the Bihar Penal Code, Section 27 of the Arms Act and Section 3(2)(va) of the SC/ST Act. The High Court examined the FIR and concluded that the offences were indeed made out against the appellant, rendering the appeal non‑maintainable. Consequently, the Court dismissed the appeal and ordered the appellant to surrender within four weeks and to apply for regular bail. The decision underscores the Court’s stance that an appeal lacking merit or procedural basis cannot be entertained.
Issues considered
- Whether the appeal filed by the appellant is maintainable in view of the FIR and the charges framed against him
Legislation cited
- Arms Act — s. 27
- SC/ST (Prevention of Atrocities) Act — s. 3(2)(va)
Subjects
- appeal maintainability
- criminal procedure
- assault on police
- Arms Act
- SC/ST Act
- bail
- FIR
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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