Shiv Pasi vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.912 of 2025
CNR No. BRHC010775852025
Arising Out of PS. Case No.-157 Year-2014 Thana- CHAINPUR District- Kaimur (Bhabua)
======================================================
Shiv Pasi S/o- Late Bansu Pasi, Resident of Village- Amaon P.O.- Amaon
P.S.- Chainpur Amawan, Dist- Kaimur (Bhabhua), Bihar, Pin- 821106.
... ... Appellant
Versus
1. The State of Bihar
2. Rakesh Pasi S/o- Jagannath Pasi, Resident of Village- Amaon P.O.- Amaon
P.S.- Chainpur Amawan Dist- Kaimur (Bhabhua), Bihar, Pin- 821106.
3. Vikesh Pasi S/o- Jagannath Pasi Village- Amaon P.O.- Amaon P.S.- Chainpur
Amawan Dist- Kaimur (Bhabhua), Bihar, Pin- 821106.
... ... Respondents
======================================================
Appearance :
For the Appellant : Mr. Kumar Brijnandan, Advocate
For the State : Mr. Binod Bihari Singh, Addl PP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
and
HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)
Date : 14-10-2026

I.A. No. 1 of 2025
Heard learned counsel for the appellant and learned
Additional Public Prosecutor for the State.
2. This interlocutory application has been filed seeking
condonation of delay of 10 days in filing of the present appeal.
3. For the reasons stated in the application, we deem it
just and proper to condone the delay.
4. I.A. No. 1 of 2025 is allowed.

Patna High Court CR. APP (DB) No.912 of 2025 dt.14-10-2026
2/18
Cr. Appeal (DB) No. 912 of 2025
5. We have heard learned counsel for the appellant and
learned Additional Public Prosecutor for the State on merit.
6. This appeal arises out of the judgment of acquittal
dated 12.03.2025 (hereinafter referred to as the ‘impugned
judgment’) passed by learned Additional Sessions Judge-VIII,
Kaimur at Bhabhua (hereinafter referred to as the ‘learned trial
court’) in Sessions Trial No. 82 of 2017, T.R. No. 81 of 2025
arising out of Chainpur P.S. Case No. 157 of 2014. By the
impugned judgment, the learned trial court has been pleased to
acquit the Respondent Nos. 2 and 3 of the charge under Section
364/34 of the Indian Penal Code (in short ‘IPC’).
Prosecution Case
7. The prosecution case is based on the written
information submitted by Shiv Pasi (appellant) who is the father of
the victim boy. In his written information dated 12.09.2014
(Exhibit ‘1’), the informant (PW-5) has stated as under:-
“On 09.09.2014 at 02:30 PM, the informant’s son had gone to
Kharigawan for tuition but when he did not return home till
evening, the informant searched his son and asked his relatives
about his son’s whereabouts. On the same day, at 09:00 Clock in
the night, he went to the police station but the police did not hear

Patna High Court CR. APP (DB) No.912 of 2025 dt.14-10-2026
3/18
about him, then, on the next day, the villagers jammed the road and
after three hours of road jam, police came and asked for two days’
time to search the missing child. The informant alleges that Gita
Devi (the wife of Jagarnath Pasi) and sons Rakesh Pasi and Vikesh
Pasi had threatened him that their party members would make his
son disappear in no time.”
8. On the basis of the written information (Exhibit ‘1’)
of the informant (PW-5), Chainpur P.S. Case No. 157 of 2014
dated 12.09.2014 was registered under Sections 363/365/34 IPC
against (1) Rakesh Pasi, (2) Vikesh Pasi and (3) Gita Devi.
9. It appears that, in course of investigation, the victim
boy came back and on his return, his statement was recorded under
Section 161 of the Code of Criminal Procedure (in short ‘CrPC’).
st
He was also produced before the learned Magistrate-1 Class,
Bhabhua, Kaimur on 18.10.2014 for recording of his statement
under Section 164 CrPC.
10. After investigation, police submitted a charge sheet
bearing No. 191 of 2014 dated 31.10.2014 under Section 364/34
IPC against the accused persons-Respondent Nos. 2 and 3 showing
Gita Devi innocent, whereafter the learned ACJM took cognizance
of the offences vide order dated 07.02.2017 and called upon the
Respondent Nos. 2 and 3 to face the trial.

Patna High Court CR. APP (DB) No.912 of 2025 dt.14-10-2026
4/18
11. Upon commitment of the records to the Court of
Sessions, the charges were explained to the Respondent Nos. 2 and
3 in Hindi who denied the charges and claimed to be tried
whereafter, vide order dated 06.05.2017, charge was framed under
Section 364/34 IPC.
12. In course of trial, the prosecution examined as many
as seven witnesses and exhibited some documentary evidences.
The description of the witnesses and the documents exhibited in
course of trial are provided hereunder in tabular form for a ready
reference:-
List of Prosecution Witnesses
Prosecution
Witness No.
Name of Witness Description
PW-1 Aamod Rai Hostile
PW-2 Ravi Prakash Pasi Brother of the victim
PW-3 Rajnish Kumar Pasi Brother of the victim
PW-4 Lali Devi Mother of the victim
PW-5 Shiv Pasi Informant
PW-6 Sandeep Kumar Pasi Victim
PW-7 Dhananjay Kumar Singh Investigating Officer
List of Exhibits produced on behalf of Prosecution
Exhibit
Number
Description Proved
by/attested by
‘1’ Written information PW-2
‘2’ Signature of the informant on the written
information
PW-5
‘3’ Photograph of Sandeep Kumar Pasi showing
injury
PW-6
‘4’ Endorsement of S.H.O. Virendra Kumar on
written information
PW-7
‘5’ Initial of S.H.O. Virendra Kumar on formal FIR PW-7

Patna High Court CR. APP (DB) No.912 of 2025 dt.14-10-2026
5/18
‘6’ Seizure list prepared on 18.10.2014 PW-7
‘7’ Production-cum-seizure list dated 24.10.2014 PW-7
13. Thereafter, the statement of the accused-Respondent
Nos. 2 and 3 was recorded under Section 313 CrPC in which they
pleaded innocence.
14. The defence also examined two witnesses but did
not produce any documentary evidence. The description of the
defence witness is mentioned hereunder in tabular form:-
List of Defence Witnesses
Defence Witness No. Name of Witness Description
DW-1 Laxman Ram Co-villager
DW-2 Shambhu Ram Co-villager
Findings of the Learned Trial Court
15. Upon perusal of the evidences available on the
record, learned trial court recorded a finding whereunder the
learned court found that there was an altercation between the
informant, informant’s wife Lali Devi and the accused persons on
the issue of defecation at the sleeping place of the informant. The
learned trial court found that PW-1 has not supported the case of
the prosecution on any point. PW-1 appears to be a witness of
another case. PW-1 has been declared hostile by the prosecution.
As regards PW-2, PW-3, PW-4 and PW-5, it is found that they
have admitted that they had not seen the kidnapping of Sandeep

Patna High Court CR. APP (DB) No.912 of 2025 dt.14-10-2026
6/18
Kumar Pasi from their eyes. They had only supported the
prosecution case on the date and time of occurrence. They had
proved that there was an altercation between the two families.
16. Learned trial court has found that PW-6 is the victim
and he is the most important witness of this case. Upon examining
his deposition, vis-a-vis his statement under Section 164 CrPC
before the learned Magistrate, the learned trial court found that
there are material contradictions in the deposition of PW-6 and his
statement under Section 164 CrPC. The learned trial court has
taken a view that these contradictions are very material and go to
the root of the prosecution’s case. The learned court has referred to
Section 114, Illustration (e) of the Indian Evidence Act which
provides that the court may presume that the judicial and official
acts have been regularly performed. Unless rebutted, the court held
that it is bound to presume that the statement of the victim (PW-6)
under Section 164 CrPC recorded by the Judicial body was
voluntary. The claim of PW-6 that, what he had deposed before the
concerned Magistrate was false as he was under duress by the
police, cannot be accepted. Thus, this Court finds that the learned
trial court refused to accept the story with which PW-6 came for
the first time in course of trial, alleging that he was tortured in the
police station and then, because of that coercive measure taken by

Patna High Court CR. APP (DB) No.912 of 2025 dt.14-10-2026
7/18
police, he had made false statements before the learned Magistrate
in his statement under Section 164 CrPC. The learned trial court
has, therefore, disbelieved the testimony of PW-6 and he found
that his testimony was not corroborated by any independent
witness.
17. Referring to Exhibit ‘7’ and Exhibit ‘8’, the learned
trial court held that those two documents would create serious
doubt on the prosecution case. Learned trial court held that Exhibit
‘7’ proves that cloths worn by the victim, when he had returned
home after one month and seven days, were different from what he
had worn at the time he had left home on 09.09.2014. Exhibit ‘8’
proves that independent witness Anil Kumar Gupta, at his
residence at Gajadhar Ganj, Buxar, had produced before the I.O.,
those cloths which were worn by Sandeep Pasi when he had gone
at shop of Anil Kumar Gupta @ Laddu Ji at Buxar. The learned
court found that it suggests that victim had worked at the shop of
Anil Kumar Gupta in Buxar. The I.O. has not identified and
examined the place from which PW-6 was kidnapped by unknown
persons sitting in the Maruti Car.
18. Based on the aforementioned evidences, the learned
trial court has acquitted the accused persons who are Respondent
Nos. 2 and 3 in this appeal.

Patna High Court CR. APP (DB) No.912 of 2025 dt.14-10-2026
8/18
Submissions on behalf of the Appellant
19. Mr. Kumar Brijnandan, learned Advocate
representing the appellant has taken this Court through the written
information submitted by PW-5. It is submitted that on a bare
perusal of the written information (Exhibit ‘1’), it would appear
that when the police had not registered the case on oral
information given by this witness about the kidnapping of his son,
the villagers had blocked the road and thereafter, with the
intervention of the Senior Police Officer, the case was registered. It
is admitted that written information is dated 12.09.2014 which is
three days after the missing of the boy.
20. Learned counsel has submitted that the learned trial
court has committed gross error in appreciation of the evidences
available on the record. The trial court says that there is no
corroboration to the evidence of the victim but it may be found
from the evidence of PW-2 and other witnesses that they have
stated about having seen the accused persons going behind the
victim on a motorcycle. It is, thus, submitted that even as there is
no eye witness in this case, there are circumstantial witnesses.
21. Learned counsel submits that, in this case, the
learned trial court has not at all taken into consideration the
statement of the victim recorded under Section 161 CrPC wherein

Patna High Court CR. APP (DB) No.912 of 2025 dt.14-10-2026
9/18
he has stated about the presence of the accused persons. According
to learned counsel, this is a corroborative piece of evidence, but
has been ignored by the learned trial court.
22. It is submitted that the learned trial court has
considered only one limb of the statement of the victim under
Section 164 CrPC and has completely ignored the second limb of
Section 164 CrPC.
23. Learned counsel for the appellant submits that the
learned trial court has taken into consideration the production-
cum-seizure list (Exhibit ‘8’) and has taken a view that it is a
sacrosanct document. According to him, the reliance placed by
learned trial court on Exhibit ‘8’ is not correct.
24. Learned counsel submits that in this case, the chain
of criminological events is well-established, hence, the judgment
of the learned trial court is liable to be upturned and a conviction is
required to be recorded against Respondent Nos. 2 and 3.
Submissions on behalf of the State
25. As against the plea of the appellant, learned
Additional Public Prosecutor for the State has submitted that the
judgment of the learned trial court is based on the materials
available on the record. No perversity may be found in the findings
of the learned trial court. It is submitted that keeping in view the

Patna High Court CR. APP (DB) No.912 of 2025 dt.14-10-2026
10/18
principles governing the appeals against acquittal, unless the
Appellate Court comes to an irresistible conclusion that the guilt of
the accused is proved beyond all reasonable doubts, no
interference is required to be made with the impugned judgment.
Reliance in this regard has been placed on the judgment of the
Hon’ble Supreme Court in the case of H.D. Sundara and Others
Vs. State of Karnataka reported in (2023) 9 SCC 581 .
Consideration
26. Having regard to the aforesaid submissions and the
evidences available on the record, we have given our anxious
consideration to the case. From the written information submitted
by PW-5, it appears that this information was submitted on
12.09.2014, i.e., three days after the occurrence. In the written
information, it is stated that the informant had gone to the police
station in the same night at 09:00 Clock, but he was not heard
then, on the next date, the road was blocked by the villagers. We
find from the deposition of the I.O. (PW-7) that, when he came in
the dock, he had stated that the written information was received
by the then S.H.O. and, in course of investigation, he had not taken
statement of the persons residing in the neighbourhood of the
informant. He has stated that, in course of investigation, he came
to know that the informant and the accused are neighbours. He has

Patna High Court CR. APP (DB) No.912 of 2025 dt.14-10-2026
11/18
further stated in paragraph ‘6’ that he had not recovered the victim
boy, rather his mother-father had produced him. According to him,
no witness had stated to have seen the kidnapping of the victim.
The I.O. has stated that there was a land dispute between the
informant and the accused persons which is mentioned in the case
diary.
27. We further find that, in paragraph ‘9’ of his
deposition, the I.O. has stated about the statement of the victim
recorded under Section 161 CrPC. He had stated that four persons
in a Maruti Car had got him seated. He has further stated that
Rakesh and Vikesh were present there. He has stated that the
Maruti people had kidnapped him and took him away and has
further stated that Rakesh and Vikesh Pasi went somewhere else
by their motorcycle. On going through paragraph ‘9’ of the
deposition of PW-7, we do not find any statement of the victim
recorded under Section 161 CrPC attributing any role to these
Respondent Nos. 2 and 3 in the alleged kidnapping of the victim.
All that has been stated is about the Maruti people and no more.
28. We have further noticed that, in paragraph ‘10’ of his
deposition, the I.O. has stated that he had mentioned about Section
164 CrPC statement of the victim in the case diary. In his Section
164 CrPC statement, the victim had stated that he was working on

Patna High Court CR. APP (DB) No.912 of 2025 dt.14-10-2026
12/18
a monthly wage of Rs.1,000/- and out of that, he had lost about
Rs.700-800 and he had returned home with the rest of the money.
During the whole investigation, he could not find any trace of the
Maruti Vehicle and those four persons.
29. When we consider the testimony of the I.O. together
with the testimony of the victim (PW-6) and the statement made
by the victim under Section 164 CrPC, we find that the victim
(PW-6) in this case is not a wholly reliable witness. In his Section
164 CrPC statement, he has stated that “When he was going to
study from home, then on the way two persons, namely, Rakesh
and Vikesh was talking to Maruti people. Maruti people came and
took him away. Everyone had covered their faces. They took him
to Ara. Yesterday evening, he fled from Ara and reached Ara
Station where he boarded a train and came to Buxar Station. He
drank water and when he exited from Buxar Station, he was
hungry. He asked one Thelawala to give him a job. He lied to him
that he ran away from his house. Thelawala told him to stay. He
did not have fare. Thelawala told him that he will give Rs.1000/-
per month. On completion of one month, Thelawala gave him
Rs.1,000/- but he lost 700-800/-. He searched for it for two three
days but could not find the money and the money which he had,
had finished. He went at the thela again and worked there. Then he

Patna High Court CR. APP (DB) No.912 of 2025 dt.14-10-2026
13/18
went to bath at the river and requested Rs.100/- from one boy.
Thereafter, he did not go to bath and came home. He asked one
man how to reach Bhabhua then the man replied that take bus from
Buxar for Bhabhua. He took bus from Buxar to Sasaram. He
reached Sasaram and there, he asked one man how to reach
Bhabhua to which he replied, take bus from here. One bus was
about to depart, he boarded that bus. He took tempo from Bhabua
and reached Canal ( nahar ). From canal ( nahar) , he took magic
and reached Kharigaon and from Kharigaon, he reached his
home.”
30. It is evident from Section 164 CrPC statement that,
he talks about his fleeing away from the clutch of the kidnappers
and then, reaching to Buxar by taking a train and thereafter,
outside the station, he talked to a Thelawala and told him that he
had fled away from his home, he requested him to give some work
then he himself says that the Thelawala agreed to give him
Rs.1,000/- per month. He has stated in his statement under Section
164 CrPC that after one month, Rs.1,000/- was given to him out of
which he had lost about Rs.700-800 and, thereafter, his money was
spent, then, he has a further story to say that how he reached his
home.

Patna High Court CR. APP (DB) No.912 of 2025 dt.14-10-2026
14/18
31. We fully agree with the finding of the learned trial
court that the testimony of PW-6 in course of trial would not
inspire confidence. There is a material contradiction in his
statement in course of trial as compared with his statement under
Section 164 CrPC. In course of trial, after about six years of the
occurrence, PW-6 came out with a completely different story. We
agree with the learned trial court that such a story at a belated
stage would not have any evidentiary value.
32. So far as the corroborative evidence is concerned,
we have noticed that PW-2 who is the brother of the victim has
only stated that he had seen that Rakesh and Vikesh left their
house by motorcycle after the victim had left for tuition. There is
no witness to say that he had seen the accused persons going
behind the victim boy. There are many other missing links in the
chain of criminological events.
33. We, therefore, find that this case is based on wholly
circumstantial evidence but the chain of criminological events are
not established. In the case of Sharad Birdhichand Sarda Vs.
State of Maharashtra reported in (1984) 4 SCC 116 , the Hon’ble
Supreme Court has held in paragraph ‘152’ as under:-
“ 152. Before discussing the cases relied upon by the
High Court we would like to cite a few decisions on
the nature, character and essential proof required in a
criminal case which rests on circumstantial evidence

Patna High Court CR. APP (DB) No.912 of 2025 dt.14-10-2026
15/18
alone. The most fundamental and basic decision of
1
this Court is Hanumant v. State of Madhya Pradesh .
This case has been uniformly followed and applied
by this Court in a large number of later decisions up-
to-date, for instance, the cases of Tufail (Alias)
17
Simmi v. State of Uttar Pradesh and Ramgopal v.
18
State of Maharashtra . It may be useful to extract
what Mahajan, J. has laid down in the Hanumant
1
case :
“It is well to remember that in cases where
the evidence is of a circumstantial nature, the
circumstances from which the conclusion of
guilt is to be drawn should in the first instance
be fully established, and all the facts so
established should be consistent only with the
hypothesis of the guilt of the accused. Again,
the circumstances should be of a conclusive
nature and tendency and they should be such
as to exclude every hypothesis but the one
proposed to be proved. In other words, there
must be a chain of evidence so far complete
as not to leave any reasonable ground for a
conclusion consistent with the innocence of
the accused and it must be such as to show
that within all human probability the act must
have been done by the accused.”
34. We are of the considered opinion that in an appeal
against acquittal, as is the present case, unless the finding of the
learned trial court is found to be perversed, no interference would
be required. We find no case for interference.
35. At this stage, we have to take a view. The manner in
which appeals against acquittal are filed by the informant in the
1952 SCR 1091 : AIR 1952 SC 343 : 1953 Cri LJ 129
1.
17. (1969) 3 SCC 198 : 1970 SCC (Cri) 55
18. AIR 1972 SC 656 : (1972) 4 SCC 625

Patna High Court CR. APP (DB) No.912 of 2025 dt.14-10-2026
16/18
cases having no merit and the Court is called upon to engage itself
in cases which in ultimate analysis do not inspire confidence, is
required to be discouraged. The present appeal is apparently a case
of misuse of the process of the Court. Despite putting words of
caution to learned counsel for the appellant, learned counsel made
repeated submissions which ultimately resulted in wastage of the
Court time. This is one of those cases in which we find that the
valuable time of the Court has been wasted.
36. In the case of Charu Kishor Mehta v. Prakash
Patel and Others reported in 2022 SCC OnLine SC 1962 , the
Hon’ble Supreme Court has held in paragraph ‘20’ as under:-
“ 20. The Supreme Court in Dalip Singh v. State of
Uttar Pradesh, reported in (2010) 2 SCC 114 has this
to say for methods adopted at the hands of litigants
under similar circumstances. Paragraph nos. 1 and 2
as produced below:
“1. For many centuries, Indian society cherished
two basic values of life i.e., ‘Satya’ (truth) and
‘Ahimsa’ (non-violence). Mahavir, Gautam
Buddha and Mahatma Gandhi guided the people
to ingrain these values in their daily life. Truth
constituted an integral part of justice delivery
system which was in vogue in pre-independence
era and the people used to feel proud to tell truth
in the courts irrespective of the consequences.
However, post-independence period has seen
drastic changes in our value system. The
materialism has over-shadowed the old ethos and
the quest for personal gain has become so intense
that those involved in litigation do not hesitate to
take shelter of falsehood, misrepresentation and
suppression of facts in the court proceedings.

Patna High Court CR. APP (DB) No.912 of 2025 dt.14-10-2026
17/18
2. In the last 40 years, a new creed of litigants
has cropped up. Those who belong to this creed
do not have any respect for truth. They
shamelessly resort to falsehood and unethical
means for achieving their goals. In order to meet
the challenge posed by this new creed of
litigants, the courts have, from time to time,
evolved new rules and it is now well established
that a litigant, who attempts to pollute the stream
of justice or who touches the pure fountain of
justice with tainted hands, is not entitled to any
relief, interim or final.””
37. In the case of Subrata Roy Sahara Vs. Union of
India and Others reported in (2014) 8 SCC 470 , the Hon’ble
Supreme Court has held in paragraph ‘191’ of its judgment as
under:-
“ 191. The Indian judicial system is grossly afflicted with
frivolous litigation. Ways and means need to be evolved
to deter litigants from their compulsive obsession
towards senseless and ill-considered claims. One needs to
keep in mind that in the process of litigation, there is an
innocent sufferer on the other side of every irresponsible
and senseless claim. He suffers long-drawn anxious
periods of nervousness and restlessness, whilst the
litigation is pending without any fault on his part. He
pays for the litigation from out of his savings (or out of
his borrowings) worrying that the other side may trick
him into defeat for no fault of his. He spends invaluable
time briefing counsel and preparing them for his claim.
Time which he should have spent at work, or with his
family, is lost, for no fault of his. Should a litigant not be
compensated for what he has lost for no fault? The
suggestion to the legislature is that a litigant who has
succeeded must be compensated by the one who has lost.

Patna High Court CR. APP (DB) No.912 of 2025 dt.14-10-2026
18/18
The suggestion to the legislature is to formulate a
mechanism that anyone who initiates and continues a
litigation senselessly pays for the same. It is suggested
that the legislature should consider the introduction of a
“Code of Compulsory Costs”.
38. We find it a fit case in which cost is required to be
imposed upon the appellant, to discourage these kind of fictitious
litigation.
39. We, therefore, impose a cost of Rs.10,000/- (Rupees
Ten Thousand Only/-) upon the appellant for filing a fictitious case
before this Court and thereby wasting the time of the Court.
40. Let the cost be deposited within one month with the
Patna High Court Legal Services Committee and the receipt
showing payment of cost be filed.
41. This appeal is dismissed.
42. Let a copy of this judgment along with the trial
court’s records be sent down to learned trial court.
(Rajeev Ranjan Prasad, J)
(Sunil Dutta Mishra, J)
Lekhika M./-
AFR/NAFR
CAV DATE
Uploading Date 16.10.2026
Transmission Date 16.10.2026