IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.782 of 2024 Arising Out of PS. Case No.-490 Year-2021 Thana- BIHPUR District- Bhagalpur ====================================================== 1. Yadunandan Tiwari @ Yadu Tiwari S/O HALDHAR TIWARI @ GHUTAR TIWARI R/O VILLAGE- JAIRAMPUR PS.- BIHPUR, DIST.- BHAGALPUR. 2. SHAKUNT KUMAR GAURAV @ AMARJEET TIWARI S/O LATE PRABHASH CHANDRA TIWARI @ LATE CHHOTE TIWARI R/O VILLAGE- JAIRAMPUR PS.- BIHPUR, DIST.- BHAGALPUR. 3. ADITYA TIWARI S/O BHOLANATH TIWARY R/O VILLAGE- JAIRAMPUR PS.- BIHPUR, DIST.- BHAGALPUR. 4. SAURABH KUMAR MISHRA @ SAURABH TIWARI S/O SUBHASH CHANDRA MISHRA R/O VILLAGE- JAIRAMPUR PS.- BIHPUR, DIST.- BHAGALPUR. 5. BINEET KUMAR @ SANNI CHAUDHARY @ VINIT CHAUDHARY S/O SAMARJEET CHOUDHARY R/O VILLAGE- JAIRAMPUR PS.- BIHPUR, DIST.- BHAGALPUR. 6. RAMESH CHANDRA TIWARI @ RAMESH TIWARI S/O LATE GHUTAR TIWARI R/O VILLAGE- JAIRAMPUR PS.- BIHPUR, DIST.- BHAGALPUR. 7. BRAJRAJ KUMAR CHOUDHARY @ RITESH CHOUDHARY S/O LATE KRISHNA CHANDRA CHAUDHARY @ LATE KISO CHAUDHARY R/O VILLAGE- JAIRAMPUR PS.- BIHPUR, DIST.- BHAGALPUR. 8. AJIT KUMAR CHOUDHARY @ AJEET CHAUDHARY S/O BAIKUNTH PRASAD CHOUDHARY R/O VILLAGE- JAIRAMPUR PS.- BIHPUR, DIST.- BHAGALPUR. 9. SITTU KUMAR CHOUDHARY @ SITTU CHAUDHARY S/O BIYASH DEV CHOUDHARY R/O VILLAGE- JAIRAMPUR PS.- BIHPUR, DIST.- BHAGALPUR. 10. ANNU KUMAR @ RITESH KUMAR @ ANNU RAMAN S/O ANIL KUMAR @ KISO CHAUDHARY R/O VILLAGE- JAIRAMPUR PS.- BIHPUR, DIST.- BHAGALPUR. 11. KARAN KUMAR @ KARAN TIWARI S/O KAPILDEV TIWARI R/O VILLAGE- JAIRAMPUR PS.- BIHPUR, DIST.- BHAGALPUR. 12. RAHUL KUMAR TIWARI @ BAUWA TIWARI S/O ASHOK TIWARI R/O VILLAGE- JAIRAMPUR PS.- BIHPUR, DIST.- BHAGALPUR. ... ... Appellant/s Versus 1. The State of Bihar BIHAR 2. ARBIND RAVIDAS S/O PANJABI RAVIDAS R/O VILLAGE- JAIRAMPUR, PS.- BIHPUR, DIST. BHAGALPUR. ... ... Respondent/s ====================================================== Patna High Court CR. APP (SJ) No.782 of 2024(8) dt.15-07-2025 2/3 Appearance : For the Appellant/s : Mr.Dilip Kumar For the Respondent/s : Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 8 15-07-2025 Notices were sent to respondent no. 2 but none had appeared for him. 2. Heard the learned counsel for the appellants as well as well as the Special PP for the State. 3. This appeal has been preferred for setting aside the order dated 11.10.2023 passed by Shri Pramod Kumar Yadav, the learned 3rd Additional District & Sessions Judge-cum- Special Judge (SC/ST) Act, Bhagalpur in Bihpur Police Station Case No.490 of 2021, Special SC/ST Case No.189 of 2021, by which cognizance has been taken against these appellants for the offence punishable under sections-147, 148, 149, 323, 379, 448, 504, 506 of the Indian Penal Code and sections 3 (1) (R) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 4. The present FIR has been filed by Arbind Ravidas, alleging therein that the appellants came to his house. They abused and assaulted his wife. Appellant No. 10 snatched Rs. 10,000 and also dismantled his vehicle. 5. Learned counsel for the appellants has submitted Patna High Court CR. APP (SJ) No.782 of 2024(8) dt.15-07-2025 3/3 that the present case is counter-blast of earlier case lodged by appellant no. 1 against the brother of respondent no. 2. As a matter of fact, Deepak Ravidas, brother of the informant, badly assaulted appellant no. 1 and he suffered injuries in his head and they also snatched Rs. 3,000. One day after that occurrence, the present FIR has been lodged. He has further submitted that the allegations leveled against the appellants are falsified as there is no injury at all to them. There is nothing on the record which shows that the occurrence has taken place due to malicious feelings of caste. 6. Considering the above-mentioned facts and circumstances, the impugned order dated 11.10.2023 passed by the learned 3rd Additional District & Sessions Judge-cum- Special Judge (SC/ST) Act, Bhagalpur in connection with Bihpur P.S. Case No. 490 of 2021, Special SC/ST Case No. 189 of 2021 is hereby set-aside and accordingly, the appeal is allowed. kundan/- (Nawneet Kumar Pandey, J) U T