Patna High Court – Orders
Hitler Jha vs The State Of Bihar on 23 June, 2025
Author: Nawneet Kumar Pandey
Bench: Nawneet Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1844 of 2024
Arising Out of PS. Case No.-139 Year-2002 Thana- SANHAULA District- Bhagalpur
======================================================
Sarjeet Kumar Singh Son of Dushyant Singh Resident of Village- Tarar, P.S.-
Sanhaula, Dist.- Bhagalpur
... ... Appellant/s
Versus
The State of Bihar Patna
... ... Respondent/s
======================================================
with
CRIMINAL APPEAL (SJ) No. 1220 of 2024
Arising Out of PS. Case No.-139 Year-2002 Thana- SANHAULA District- Bhagalpur
======================================================
Piyush Singh S/o Nageshwar Singh R/o Vill - Kotwali, P.S. - Rajoun, Dist. -
Banka
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
with
CRIMINAL APPEAL (SJ) No. 1268 of 2024
Arising Out of PS. Case No.-139 Year-2002 Thana- SANHAULA District- Bhagalpur
======================================================
Pawan Singh @ Paswan Kumar Singh @ Pappu Singh S/o- Gholtu Singh @
Akhilesh Singh Village- Sarsi Ps- Sarsi Dist- Purnea
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
with
CRIMINAL APPEAL (SJ) No. 1297 of 2024
Arising Out of PS. Case No.-139 Year-2002 Thana- SANHAULA District- Bhagalpur
======================================================
Hitler Jha SON OF LATE PARMANAND JHA RESIDENT OF VILLAGE-
TARAR, PS- SANHULL, DIST- BHAGALPUR
... ... Appellant/s
Versus
The State of Bihar
Patna High Court CR. APP (SJ) No.1844 of 2024(5) dt.23-06-2025
2/6
... ... Respondent/s
======================================================
with
CRIMINAL APPEAL (SJ) No. 183 of 2025
In
CRIMINAL APPEAL (DB) No.219 of 2024
Arising Out of PS. Case No.-139 Year-2002 Thana- SANHAULA District- Bhagalpur
======================================================
Bagdeo Pandit @ Bauna Pandit @ Bagesh Pandit S/O Late Budhu Pandit R/O
Vill.- Longai, Tarabha, P.S.- Goradih, Dist.- Bhagalpur.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
(In CRIMINAL APPEAL (SJ) No. 1844 of 2024)
For the Appellants
: Mr. Shardanand Mishra
Mr. Dhananjay Kr. Gupta
Mr. B. K. Mehta.
Mr. Dhandev Kumar.
Mr. Atul Kumar &
Isha Mishra,.
(Advocates)
For the Respondent/s : Mr.Mukeshwar Dayal
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
5 23-06-2025
All these appeals arise out of the same impugned
order of conviction and order of sentence and accordingly, these
appeals are being heard and disposed of by this common order.
2. Heard learned counsels for the appellants and
learned Additional Public Prosecutor for the State.
3. That the Appellants are constrained to prefer these
criminal appeals U/s. 374(2) of the Code of Criminal Procedure,
1973 against the judgment of conviction dated 24.01.2024 and
Patna High Court CR. APP (SJ) No.1844 of 2024(5) dt.23-06-2025
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order of sentence dated 29.01.2024 whereby the Ld. Additional
District and Sessions Judge XIII, Bhagalpur convicted the
Appellants in Sessions Trial No. 1400/2006 arising out of
Sanhaula P.S. Case No. 139/2002. The Ld. Trial Judge convicted
and sentenced the Appellants above-named to undergo rigorous
imprisonment for a term of two years for offence under section
148 IPC and fine of Rs. 2,000/. Failure to pay the fine would
result in additional rigorous imprisonment for one month.
Rigorous imprisonment for a term of seven years for offence
under section 333/149 IPC and a fine of Rs. 10,000/-, failure to
pay the fine would result in rigorous imprisonment of six
months. Rigorous imprisonment for ten years for offence
punishable under section 307/149 IPC and a fine of Rs.
20,000/-, failure to pay the fine would result in further rigorous
imprisonment of one year. Rigorous imprisonment of three
years for offence under section 25(1)-(B) of Arm Act and fine of
Rs. 3,000/- failure to pay the fine would result in additional
rigorous imprisonment of three months. Rigorous imprisonment
for a term of five years under section 27 of Arms Act and a fine
of Rs. 10,000/- failure to pay the fine would result in further
rigorous imprisonment of six months. The sentences were
directed to run concurrently.
Patna High Court CR. APP (SJ) No.1844 of 2024(5) dt.23-06-2025
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4. While making prayer for suspension of sentence
and grant bail to the appellants, it has been submitted by learned
counsels for the appellants that the allegations are general and
omnibus. There is no specific allegation against any of the
appellants of opening fire upon the police personnel.
5. Learned counsel appearing for the appellant Sarjeet
Kumar Singh (Cr. Appeal [SJ] 1844 of 2024) has submitted that
at the time of occurrence, he was a juvenile but due to ignorance
of Pairvikar, the plea of juvenality could not be taken at the trial
stage.
6. According to the FIR, the police got information
that some miscreants are present in the house of notorious
criminal, Suman Singh. The police raided the house of Suman
Singh where the miscreants were found present and seeing the
police party, they started firing targetting the police personnel.
The SHO R. K. Jha received bullet injuries on his cheek, neck
and head whereas constable Umashankar also received fire-arm
injuries. The miscreants at the command of police party got
down from the roof and they were arrested. They disclosed their
names to the police personnel. From possession of the appellant
Piyush Singh, a loaded rifle and live cartridges were recovered.
From possession of appellant Munna Singh, a country-made
Patna High Court CR. APP (SJ) No.1844 of 2024(5) dt.23-06-2025
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loaded pistol and two live cartridges were recovered. From
possession of Sarjeet Kumar Singh, four live cartridges were
recovered. From possession of Pawan Singh, a country-made
loaded pistol and from possession of Bauna Pandit, a musket
and live cartridges were recovered whereas from possession of
Hitlar Jha, three live cartridges were recovered.
7. From perusal of the injury reports, it appears that
flash burn and embaded metallic particles were detected near
the right ear of SHO, R. K. Jha and according to the opinion of
the doctor, the same was caused by explosive blast. The injury
on the person of Krishna Ram shows that he received tatooing
around right knee with metallic particle embaded. As per
opinion of the doctor, these injuries are also caused due to
explosive substance. The constable Uma Shankar Prasad
received grievous injuries caused by explosion of bombs. The
description of the injuries have been detailed in the medical
report.
8. Considering the above-mentioned facts and
circumstances, I am not inclined to grant bail to the appellants
and accordingly, the same is rejected.
9. So far as the appellant Sarjeet Kumar Singh is
concerned, for the first time, the plea of juvenality has been
Patna High Court CR. APP (SJ) No.1844 of 2024(5) dt.23-06-2025
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taken at the appellate stage. Learned counsel for the appellant,
Sarjeet Kumar Singh has submitted that due to ignorance, the
plea of juvenality could not be taken at the stage of trial.
10. The Juvenile Justice Board, Bhagalpur is directed
to conduct an inquiry on the plea of juvenality taken by the
appellant, Sarjeet Kumar Singh. It is expected that the inquiry
must be completed within a period of six months.
12. The Juvenile Justice Board, Bhagalpur is directed
to transmit its report, as soon as the inquiry, in respect of
juvenality of Sarjeet Kumar Singh, is completed. The office is
directed to send a copy of this order to the Juvenile Justice
Board, Bhagalpur immediately.
(Nawneet Kumar Pandey, J)
A.K.V.//-
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