[Cites 10, Cited by 0]
Patna High Court
Kapildeo Singh vs The State Of Bihar on 18 February, 2026
Author: Arun Kumar Jha
Bench: Arun Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL REVISION No.169 of 2022
Arising Out of PS. Case No.-271 Year-1997 Thana- KORMA District- Sheikhpura
======================================================
1. Kapildeo Singh S/o Late Mathura Singh R/o village- Chare, P.S.- Korma,
District- Sheikhpura
2. Umesh Singh S/o Late Mathura Singh R/o village- Chare, P.S.- Korma,
District- Sheikhpura
3. Manoj Singh S/o Kapildeo Singh R/o village- Chare, P.S.- Korma, District-
Sheikhpura
4. Sanoj Singh S/o Kapildeo Singh R/o village- Chare, P.S.- Korma, District-
Sheikhpura
5. Vinay Singh S/o Kapildeo Singh R/o village- Chare, P.S.- Korma, District-
Sheikhpura
6. Sabita Devi @ Sabitri Devi W/o Kapildeo Singh R/o village- Chare, P.S.-
Korma, District- Sheikhpura
7. Nirmala Devi W/o Umesh Singh R/o village- Chare, P.S.- Korma, District-
Sheikhpura
... ... Petitioner/s
Versus
1. The State of Bihar
2. Uma Shankar Singh S/o Late Jago Singh R/o village- Chare, P.S.- Korma,
District- Sheikhpura
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bipin Kumar, Advocate
Mr. Ravi Kant, Advocate
For the O.P. No. 2 : Mr. Sheo Nandan Prasad, Advocate
For the State : Mr. Nagendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
Date : 18-02-2026
Heard learned counsel for the petitioners and learned
counsel for the opposite party no. 2 as well as learned APP for
the State.
2. The present criminal revision has been filed against
the judgment dated 02.02.2022 passed by the learned Additional
Patna High Court CR. REV. No.169 of 2022 dt.18-02-2026
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Sessions Judge-III, Sheikhpura in Criminal Appeal No. 09 of
2017 (Trial No. 04 of 2022), whereby and whereunder the
learned appellate court partially allowed the appeal preferred by
the opposite party no. 2 against the judgment dated 01.05.2017
passed by the learned Judicial Magistrate 1st Class, Sheikhpura
in which the petitioners were acquitted of the charges against
them. The learned Appellate Court, by the impugned judgment,
remanded the matter back to the trial court to hear the matter on
the point of sentence considering the absence of previous
conviction of the petitioners and taking it to be a first offence,
especially in the context of the Probation of Offenders Act.
3. Briefly stated, the facts of the case are that the
informant/opposite party no. 2 has lodged Sheikhpura P.S. Case
No. 271 of 1997 under Sections 147, 148, 149, 323, 324, 307
and 337 IPC, alleging therein that while the informant was
returning after taking bath from a pond, the petitioners,
variously armed with rifle, revolver, sword and rod, assaulted
the informant with intention to kill him. It is also alleged that
the informant was attacked on the head with a sword and the
accused person broke his teeth by inserting the sword in his
mouth. The motive behind the occurrence was that prior to the
occurrence, the brother of the informant lodged a case against
Patna High Court CR. REV. No.169 of 2022 dt.18-02-2026
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the petitioners. On the basis of aforesaid fardbeyan of the
informant/opposite party no. 2, Sheikhpura P.S. Case No. 271 of
1997 was registered against the petitioners. Thereafter,
cognizance was taken under Sections 147, 148, 149, 323 and
325 of the Indian Penal Code and charges were framed under
Sections 147, 148, 149 and 323 of IPC against the accused
persons. The learned trial court after considering the available
evidence and materials, vide judgment dated 01.05.2017,
acquitted the petitioners/accused of all the charges. Aggrieved
by the aforesaid judgment dated 01.05.2017, the
informant/opposite party no. 2 preferred an appeal before the
learned appellate court and the learned appellate court, vide
judgment dated 02.02.2022, partially allowed the appeal and
remitted the matter back to the learned trial court. The aforesaid
judgment 02.02.2022 is under challenge before this Court in the
instant revision petition.
4. Learned counsel for the petitioners submits that the
impugned order is bad in the eye of law as well as on the facts
of the case and it has been passed without application of judicial
mind. Learned counsel further submits that the learned appellate
court has not considered the fact that for want of evidence the
petitioners have been acquitted by the learned trial court.
Patna High Court CR. REV. No.169 of 2022 dt.18-02-2026
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However, the learned appellate court, based on similar set of
evidence, taking a different view from the learned trial court,
went on to convict the petitioners under Sections 323 r/w
Section 143 of IPC. Learned counsel further submits that the
learned appellate court has also not considered the improbability
of the accusation and that the witnesses were all interested
witnesses. The doctor and the Investigating Officer were not
examined and material contradictions were not taken into
consideration by the learned appellate court. The land dispute
between the parties has also not been taken into consideration.
Learned counsel further submits that the order of the learned
appellate court is illegal, arbitrary and unjust and passing such
order has caused grave injustice to the petitioners. It is a
completely mechanical excise of power without application of
judicial mind. Thus, the learned counsel submits that the order
impugned is not correct and the same is liable to be set aside.
5. Learned counsel for the opposite party no. 2 as well
as learned APP for the State vehemently oppose the submission
made on behalf of the petitioners. Learned counsel for the
opposite party no. 2 submits that there is no infirmity in the
impugned order. The order of the learned appellate court is just
and proper and has been passed after taking due consideration of
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the evidence of prosecution witnesses.
6. I have given my thoughtful consideration to the
rival submission of the parties and perused the record.
7. When the learned appellate court takes a different
view from the view taken by the learned trial court, it has to
record its finding and give its reason for taking this different
view. But, from the order of the learned appellate court, I find
that the order is conspicuously silent on the reasons for differing
view. Though, the learned appellate court has stated about
evidence of witnesses, the same evidence was also considered
by the learned trial court and disbelieved. Therefore, it appears
the order impugned is non-speaking to that extent for not
recording the reasons for taking a different view than the
learned trial court and on this ground alone, it could not be
sustained.
8. In different circumstances, this Court would have
remitted the matter to the learned appellate court for passing an
order afresh. However, considering the fact that the FIR was
registered in the year 1997 and since then the petitioners have
been facing the rigors of trial, I think no useful purpose would
be served in remitting the matter back to the learned appellate
court. Further, the conviction was only under Section 323 r/w
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Section 143 of IPC as arrived at by the learned appellate court
and thereafter, the learned appellate court referred the matter to
learned trial court for passing order on the point of sentence. If
the petitioner would have appeared before the learned trial court
and the learned trial court had exercised the option of either
releasing the petitioners after due admonition or releasing them
on probation bond, the ordeal of the petitioners would have
come to an end by this time. Therefore, for the ends of justice, I
think it fit and proper that a quietus be given to the criminal
proceeding which arose out of some trivial matter. Hence, the
impugned judgment/order dated 02.02.2022 passed by the
learned appellate court is set aside and the judgment/order dated
01.05.2017
of the learned trial court is restored.
9. Accordingly, the present revision petition stands
allowed.
(Arun Kumar Jha, J)
Ashish/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 20.02.2026
Transmission Date 20.02.2026
