IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.4756 of 2025 Arising Out of PS. Case No.-164 Year-2025 Thana- DALSINGHSARAI District- Samastipur ====================================================== Shivam Chaudhary @ Polard S/o Vijay Kumar Chaudhari R/o village - Nagargama, Police Station - Dalsingsarai , District - Samastipur ... ... Appellant/s Versus 1. The State of Bihar Bihar 2. Umesh Ray S/o Ramlolin Ray R/o Village - Ghat Nawada, P.S - Dalsingsarai, District - Samastipur ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Mahendra Pratap, Advocate For the Respondent/s : Mr. Binay Krishna, Spl. PP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 3 05-05-2026 Heard the parties. 2. This appeal is preferred against the order dated 02.09.2025 passed by the learned Special Judge, SC/ST, (POA), Act Samastipur in ABP No. 1426 of 2025 in connection with Dalsinghsarai P.S. Case No. 164 of 2025, registered for the offence under Sections 191(2), 191(3), 190, 126, 115(2), 109, 303(2) of the BNS and under Sections 3(1)(r)(s) and 3(2)(va) of the Schedule Caste / Schedule Tribes (Prevention of Atrocities) Act. 3. As per the prosecution case, the accused persons including the appellant came at the shop of the informant and have taken some articles from his shop and when the informant Patna High Court CR. APP (SJ) No.4756 of 2025(3) dt.05-05-2026 2/2 asked to pay the money, then the appellant assaulted the informant by means of iron rod due to which he fell down and also assaulted on his leg due to which he sustained leg injury. They have abused him with caste name. Appellant has six criminal antecedents. 4. Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in this case. 5. From the reading of the FIR, offences, as alleged, are made out against the accused persons and therefore this application is held to be not maintainable. 6. Accordingly, this appeal stands dismissed. Ranjeet/- (Sandeep Kumar, J) U T