Patna High Court
Bihari @ Shatrughan And Anr vs The State Of Bihar on 22 July, 2025
Author: Nawneet Kumar Pandey
Bench: Nawneet Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.672 of 2019
Arising Out of PS. Case No.-56 Year-2009 Thana- SOHSARAI District- Nalanda
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1. BIHARI @ SHATRUGHAN AND ANR Son of- Ashok Mistri Resident of
Mohalla-Mugal Kuwan Baulipar, P.S.- Sohsarai, District- Nalanda.
2. Pintu Kumar Son of- Shadanand Tanti Resident of Mohalla-Mugal Kuwan
Baulipar, P.S.- Sohsarai, District- Nalanda.
... ... Appellant/s
Versus
THE STATE OF BIHAR
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr.Sanjay Prasad, Adv.
For the Respondent/s : Mrs.Anita Kumari Singh, APP
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CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL JUDGMENT
Date : 22-07-2025
Heard Mr. Sanjay Prasad, learned counsel for the
appellants, as well as Mrs. Anita Kumari Singh, learned
Additional Public Prosecutor.
2. The present appeal has been preferred against the
judgment & order dated 10.01.2019 passed by the court of Mr
Ram Pratap Asthana, the learned 1st Fast Track Court, Nalanda
at Bihar Sharif in ST No 478/10 arising out of Sohsarai PS case
no. 56/09 whereby and whereunder, the appellants have been
sentenced to undergo S.I of six months for the offence u/s 323
of IPC & also, sentenced to undergo S.I of three years & a fine
of Rs 5000/ for the offence u/s 325 of IPC and in default of
payment of fine, both the accused shall further to undergo of
Patna High Court CR. APP (SJ) No.672 of 2019 dt.22-07-2025
three months. Both sentence shall run concurrently.
3. According to FIR, the son of the informant,
Nitesh Kumar @ Nikki Kumar, went from his house with
Mukesh (PW-1) and Sonu Kumar (PW-2). When the informant
reached his house at about 09:30 P.M., he came to know that his
son was lying in an injured condition near the bridge at Kishan
Cinema, Sohsarai. He went there and found his son in an
injured condition. The injured had suffered injuries on his hand,
back and waist and his left hand was fractured. The injured was
brought to the hospital. It has been mentioned in the FIR that
some days prior to the occurrence, the appellant threatened the
injured alleging that the injured had not supplied watermelon to
him. The injured sell watermelon on Thela.
4. On the basis of the fardbeyan of the informant,
the formal FIR (Exhibit-3) was drawn up. Thereafter, the
investigation was carried out and the investigating authorities
submitted the chargesheet on 29.07.2009 against the appellants
under Sections 341, 323, 324, 325, 307, 507/34 of the Indian
Penal Code. Thereafter, cognizance was taken and the case was
committed to the Court of Sessions. The charges were framed
against the appellants on 07.04.2011 for the offences punishable
under Sections 307/34 and 325/34 of the IPC, to which the
Patna High Court CR. APP (SJ) No.672 of 2019 dt.22-07-2025
appellants pleaded not guilty and claimed to be tried.
5. In order to substantiate the charges, the
prosecution has examined 8 witnesses:-
(i) PW-1 Mukesh Kumar and PW-2 Sonu Kumar
are the persons who accompanied the injured, according to
statement of the informant in the FIR. Both these witnesses did
not support the prosecution case, rather, their evidence is in
favour of the appellants. Both these witnesses have stated that
Nitish Kumar @ Nikki Kumar never became injured. They have
also stated that Nikki Kumar was addicted to liquor and used to
quarrel.
(ii) PW-3 Renu Devi is mother of the injured. She
is not an eyewitness. She has stated that she heard that her son
was lying near Kishan Cinema. She went to the place of
occurrence with her husband (PW-7) and saw her son in an
unconscious state. They brought him to Sadar Hospital, from
where he was referred to PMCH, Patna. She has stated further
that the appellants were demanding ransom for providing
permission to her son to sell watermelon and due to non-
payment of ransom, the appellants had threatened her son.
In paragraph no. 3 of her deposition, this witness
has stated that during her statement before the investigating
Patna High Court CR. APP (SJ) No.672 of 2019 dt.22-07-2025
authority, she had stated that the appellants had abused and
threatened her son for not supplying the watermelon to him.
(iii) PW-4 Sanni Kumari, who is sister of the
injured Nikki Kumar, is also not an eye witness. She heard that
the appellants, after assaulting the injured, had dragged him near
the Cinema Hall. This witness, along with her mother, father
and brother, went to the place of occurrence and found the
injured. Firstly, he was shifted to Sadar Hospital. She has stated
further that the appellants were in the habit of taking
watermelon from the injured without paying money and had
also demanded ransom. On demand of money for watermelon,
not only they refused to pay but also assaulted the injured.
(iv) PW-5 Manish Kumar is brother of the injured.
His deposition before the Court is exactly similar to that of PW-
4. He also is a hearsay witness.
(v) PW-6 Nitish Kumar @ Nikki Kumar is the
injured himself. He deposed that the appellants had demanded
ransom from this witness. Due to non-payment of ransom, some
hot discussion had taken place and they assaulted the injured.
He suffered a fractured injury in his hand and also suffered
injuries in his waist, abdomen, etc.
During his deposition in the Court, he displayed
Patna High Court CR. APP (SJ) No.672 of 2019 dt.22-07-2025
the marks of injury on his person to the Court.
(vi) PW-7 Bechan Prasad is father of the injured,
and informant of this case. He has stated that he went to the
place of occurrence with his wife, son Manish Kumar, daughter
Sanni Kumari, and some villagers. He saw his son lying beneath
a bridge in an injured condition. The injured was brought to the
hospital and after regaining consciousness, he disclosed that the
appellants had assaulted him.
(vii) PW-8 Dhirendra Kumar Pandey is the then
SHO of Police Station Sohsarai, in whose handwriting Exhibit-
1, the formal FIR, was drawn up. This witness proved his
signature on the formal FIR.
(viii) Sole witness, DW-1 Brahmadeo Tanti has
been examined on behalf of the defence, who stated that the
injured suffered the injury in course of escaping by falling from
the roof.
6. After conclusion of the prosecution witnesses,
the statement of the appellants was recorded under Section 313
of the CrPC on 12.09.2018. They pleaded their innocence and
denied the incriminating materials and the evidence adduced by
the prosecution during the trial.
7. Learned counsel for the appellants has submitted
Patna High Court CR. APP (SJ) No.672 of 2019 dt.22-07-2025
that almost all the witnesses, except PW-6, are hearsay
witnesses. The informant (PW-7), in his fardbeyan, has stated
that the injured went from his house with PW-1 Mukesh Kumar
and PW-2 Sonu Kumar, and soon thereafter, he was found
beneath a bridge near the Cinema hall in injured condition. PW-
1 Mukesh Kumar and PW-2 Sonu Kumar did not support the
prosecution case; rather, their evidence is against the
prosecution itself. Both these witnesses stated that Nitish Kumar
@ Nikki Kumar never suffered any kind of injuries. They have
also stated that Nikki Kumar was addicted to liquor and used to
quarrel with persons of the locality. The second submission of
the learned counsel is that the injury report has not been brought
on the record by the prosecution, which was essential for
substantiating the charges levelled against the appellants. He has
further submitted that the co-ordinate Bench of this Court, in the
case of Jai Govind Singh & Ors. Vs. State of Bihar (Cr. Appeal
(SJ) No. 251 of 1995), has held that in absence of the x-ray
report, the injury suffered by the victim was not proved. His
further submission is that there are material contradictions in the
statements of the witnesses; some witnesses have stated that the
appellants were demanding ransom from the injured, whereas
some witnesses have stated that the appellants were in the habit
Patna High Court CR. APP (SJ) No.672 of 2019 dt.22-07-2025
of consuming watermelon by taking them from the Thella of the
injured. He has next submitted that the investigating officer has
also not been examined in this case. He has also relied upon the
judgment of co-ordinate Bench of this Court in the case of Ram
Bilash Rai and Ors. Vs. State of Bihar (Cr. Appeal (SJ) No. 197
of 1998). At paragraph no. 12 of the judgment, the co-ordinate
Bench has held that neither the injury report has been proved
nor the place of occurrence has been established, and the non-
examination of the I.O. has caused prejudice to the defense. The
case of Ram Bilash Rai (supra) is on exactly similar footing to
the present case.
8. On the other hand, Mrs. Anita Kumari Singh,
learned APP for the State has submitted that the witnesses are
consistent in deposing that the appellants had assaulted and
made Nitesh Kumar @ Nikki Kumar badly injured, and he
suffered fractured injuries but, the learned APP fairly conceded
the fact that the injury report was not brought on the record and
non-examination of the doctor seriously prejudices the
appellants. There is no eyewitness and the persons, who are said
to have accompanied the appellants, did not support the
prosecution case. The guilt of the appellants is not proved
beyond all shadows of reasonable doubts and they are entitled to
Patna High Court CR. APP (SJ) No.672 of 2019 dt.22-07-2025
the benefit of doubts.
9. Considering the above-mentioned facts and
circumstances and taking into account the submissions
advanced on behalf of the parties, the judgment of conviction
and order of sentence dated 10.01.2019 passed by Sri Ram
Pratap Asthana learned Ist Fast Track Court, Nalanda at
Biharsharif in S.T. No. 478/10 arising out of Sohsarai P.S. Case
No. 56/09 are set aside and consequently, the appeal is allowed.
10. Since the appellants are already on bail, they
are discharged from the liabilities of their bail bonds.
(Nawneet Kumar Pandey, J)
Nirmal/-
AFR/NAFR NAFR
CAV DATE NIL
Uploading Date 24.07.2025
Transmission Date 24.07.2025
