Nagendra Singh vs The State of Bihar

Court
Patna High Court

IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL REVISION No.332 of 2026
Arising Out of PS. Case No.-78 Year-2003 Thana- UCHKAGAON District- Gopalganj
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1. Nagendra Singh, S/o Late Hiralal Singh,
2. Biresh Singh, S/o Late Hiralal Singh
Both are residents of Village- Nawada Parsauni, PS- Uchkagaon, District-
Gopalganj
... ... Petitioner/s
Versus
1. The State of Bihar
2. Mangal Singh S/O Late Krishna Singh Resident of Village- Nawada
Parsauni, PS- Uchkagaon, Dist- Gopalganj
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Adesh Raj, Advocate
For the Respondent/s : Mr.Upendra Kumar, APP
: Mr. Baidyanath Thakur, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
Date : 31-08-2026
Though the matter has been listed under the heading
‘For Orders (On Office Notes)’, with the consent of the learned
counsels for the parties, I intend to dispose of the matter at this
stage itself.
2. Heard learned counsel for the petitioners, learned
APP for the State and learned counsel for the opposite party
no.2.
3. The instant criminal revision has been preferred by

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the petitioners against the judgment dated 18.02.2026 passed by
the learned Additional Sessions Judge-VI, in Criminal Appeal
No. 10 of 2023, arising out of Uchakagaon P.S. Case
No.78/2003, whereby and whereunder the judgment of
conviction and order of sentence dated 13.02.2023 passed by the
learned Additional Chief Judicial Magistrate-VII, Gopalganj, in
G.R.No. 1313(A)/2003, Trial No.1606/2023, has been modified.
By the judgment of conviction and order of sentenced passed by
the learned Additional Chief Judicial Magistrate-VII, Gopalganj,
the petitioners have been convicted for the offences punishable
under Section 323 IPC and have been sentenced to undergo
simple imprisonment for six months with fine of Rs.500/- and in
default of payment of fine, to suffer three months additional
imprisonment and further the petitioners have been convicted
under Section 324 IPC and have been sentenced to undergo
simple imprisonment for one year with fine of Rs.1,000/- and in
default of payment of fine, to suffer three months additional
imprisonment and further the petitioners have been convicted
under Section 341 IPC and have been sentenced to undergo
simple imprisonment for one month with fine of Rs.500/- and in
default of payment of fine, to suffer seven days additional
imprisonment and also the petitioners have been convicted

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under Section 342 IPC and have been sentenced to undergo
simple imprisonment for six months with fine of Rs.500/- and in
default of payment of fine, to suffer three months additional
imprisonment and directed that all the sentences would run
concurrently. The aforesaid judgment of conviction and order of
sentenced have been modified to the extent that under Section
341 IPC, the petitioners have to undergo simple imprisonment
of one month along with fine of Rs. 500/- and in default of
payment of fine, to suffer seven days of additional
imprisonment, under Section 342 IPC, the petitioners have to
undergo simple imprisonment of six months along with fine of
Rs. 500/- and in default of payment of fine, to suffer fifteen
days of additional imprisonment, under Section 323 IPC, the
petitioners have to undergo simple imprisonment of six months
along with fine of Rs. 500/- and in default of payment of fine,
to suffer fifteen days of additional imprisonment. However, the
learned appellate court did not find the petitioners guilty under
Section 324 IPC.
3. As per prosecution case, the informant was assaulted
by the petitioners and other co-accused persons and his bicycle
and Rs. 2100/- were snatched by them. On the basis of aforesaid
written report of the informant, Uchakagaon P.S. Case No. 78 of

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2003 was registered under Sections 341, 342, 323, 324/34 of the
IPC. After completion of investigation, charge sheet has been
submitted under Sections 341, 342, 323, 324, 379/34 IPC.
Thereafter, learned trial court took cognizance against the
petitioners and other co-accused persons under the aforesaid
sections. Charges were framed under Sections 341, 342, 323,
324, 379/34 IPC to which the petitioners pleaded not guilty and
claimed to be tried. After trial, the petitioners have been
convicted and sentenced as mentioned here-in-before. Being
aggrieved by the aforesaid judgment of conviction and order of
sentence passed by the learned trial court, the petitioners filed
criminal appeal before the learned appellate court, which has
affirmed the judgment of conviction of the learned trial court
and has modified the order the sentence to the extent as
mentioned here-in-before. Thereafter, the petitioners have filed
the present criminal revision assailing the orders of learned
appellate court as well as learned trial court.
4. The learned counsel for the petitioners submits that
the impugned judgments of conviction and orders of sentence
are bad in law as well as on facts. The learned appellate court
and the learned trial court failed to appreciate that the informant,
who sustained the injuries, has not been examined as a witness.

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The learned counsel further submits that the learned courts
below have failed to examine the documents pertaining to the
previous enmity between the parties. The learned counsel
further submits that the learned trial court did not examine the
evidence of the witnesses minutely and came to an erroneous
finding and hence, the judgments of conviction and order of
sentence passed by the courts below are not sustainable. The
learned counsel then submits that all the witnesses examined on
behalf of the prosecution were interested witnesses and no
single independent witness has been examined. Moreover, the
petitioners have been punished much as he has been
continuously facing the ordeal and miseries of the prolonged
criminal proceeding against them for the last more than 23
years. The learned counsel further submits that the petitioners
have remained in custody for about four months. The petitioners
are facing this lis from the year 2003. The learned counsel for
the petitioners submits that the petitioners are senior citizens
and are suffering from age related ailments. Therefore, it is
prayed by the learned counsel that the judgments and orders of
the learned courts below may be set aside and the revision
petition may be allowed. If the Court is not inclined, then in that
case the sentence awarded to the petitioners may be reduced to

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the period already undergone by them.
5. Perused the record.
6. From perusal of record, I find that the learned trial
court has considered in detail the evidence of witnesses and so
the learned first appellate court. The evidence of the witnesses
have been discussed and the impugned orders were passed.
Further, the learned first appellate court also considered the
grounds which are being raised before this Court while
disposing of the appeal and, therefore, the petitioners cannot be
allowed to re-agitate the matter again in this revision petition. If
the facts were appreciated in the light of the evidence and two
subordinate courts recorded a concurrent finding, there is very
little scope for this Court to interfere in the matter in revision.
7. Having regard to the facts and circumstances and
considering the fact that the petitioners have already undergone
more than four months of incarceration in this case and further
considering the fact that they are facing this lis from the last 23
years and also considering the age of the petitioners, I am of the
view that the ends of justice would be met if, while upholding
the conviction of the petitioners, the sentence awarded to them
is reduced to the period already undergone by them.
8. Consequently, the conviction of the petitioners under

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the aforesaid sections is affirmed and they are sentenced to the
period already undergone by them. The fine sentence is
affirmed.
9. Since the petitioners are in custody, they are directed
to be released forthwith, if not wanted in any other case.
10. Accordingly, this revision petition is partly allowed.
11. Consequently, I.A.No.01 of 2026 also stands
disposed of.
12. Office is directed to return the lower court records
forthwith.

(Arun Kumar Jha, J)
V.K.Pandey/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 01.09.2026
Transmission Date 01.09.2026