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2025 Supreme(Pat) 290

IN THE HIGH COURT OF JUDICATURE AT PATNA
Rajeev Ranjan Prasad, Sourendra Pandey
Amit Kumar S/o Shree Nand Kishor Prasad – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Bipin Bihari, Advocate
For the Respondent: Mr. Bipin Kumar, Addl PP

Table of Content
1. details of the case and prosecution evidence. (Para 2 , 3 , 4 , 5 , 6)
2. circumstantial evidence and its insufficiency. (Para 7 , 8 , 9)
3. arguments regarding misreading of evidence. (Para 10 , 11 , 12 , 13)
4. analysis of evidence presented in trial. (Para 16 , 17 , 18 , 19 , 20 , 21 , 22)
5. principles governing appellate review of acquittal. (Para 24)
6. court's rationale and standards for circumstantial evidence (Para 25)
7. final conclusion of the appeal. (Para 26)

JUDGMENT :

Rajeev Ranjan Prasad, J.

Heard learned counsel for the appellant and learned Additional Public Prosecutor for the State as also perused the learned trial court’s records.

2. The present appeal against acquittal has been preferred by the appellant for setting aside the judgment of acquittal dated 21.05.2024 (hereinafter referred to as the ‘impugned judgment’) passed by learned Additional Sessions Judge-5th, East Champaran at Motihari (hereinafter referred to as the ‘learned trial court’) in Session Trial No. 231 of 2005/CIS No. 1719 of 2016 (Arising out of Sugauli P.S. Case No. 33 of 2004) registered for the offences under Sections 302 and 201 of the INDIAN PENAL CODE (in short ‘IPC’). By the

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