IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.129 of 2014 Arising Out of PS. Case No.-352 Year-2012 Thana- GORAUL District- Vaishali ======================================================

1. Naresh Ray @ Nanhki, S/O Sri Davendra Ray, Resident of Village Mangurathi, P.S. Mahua, District Vaishali.

2. Md. Habib @ Md. Habib Miya, S/O Salim Miya, Resident of Village Maudah Chatur, P.S. Patepur, District Vaishali.

... ... Appellant/s Versus The State of Bihar ... ... Respondent/s ======================================================

with CRIMINAL APPEAL (SJ) No. 360 of 2014 Arising Out of PS. Case No.-352 Year-2012 Thana- GORAUL District- Vaishali ======================================================

Akash Singh @ Sangram Singh @ Bhaiji, S/o Late Vijay Bahadur Singh, R/o Village- Rampur, P.S. - Murabad Shahpur, Dist- Jaunpur, (U.P.).

... ... Appellant/s Versus The State of Bihar ... ... Respondent/s ======================================================

Appearance :

(In CRIMINAL APPEAL (SJ) No. 129 of 2014)

For the Appellant/s : Mr. Nagendra Kumar Singh, Amicus Curiae.

For the State : Mr. Abhay Kumar, APP (In CRIMINAL APPEAL (SJ) No. 360 of 2014)

For the Appellant/s : Mr. Nagendra Kumar Singh, Adv.

Mr. Bijay Kr. Pathak, Adv.

For the State : Mr. Abhay Kumar, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH

ORAL JUDGMENT

Date : 12-02-2026 Both the criminal appeals have arisen out of the same judgment; hence, they are being decided together by a common judgment.

2. These appeals have been preferred against the judgment of conviction dated 12.02.2014 and the order of sentence dated 18.02.2014 passed by the court of the learned Ad hoc Additional District and Sessions Judge-II, Hajipur, Vaishali, in Sessions Trial No. 274 of 2013 arising out of Goraul P.S. Case No. 352 of 2012, whereby and whereunder the appellants Naresh Rai @ Nanhki and Akash Singh @ Sangram Singh @ Bhaiji were convicted for the offences under Sections 399, 402, and 414 of the Indian Penal Code (in short, ‘IPC’) and also for the offences under Sections 25(1A) and 26 of the Arms Act. By the same judgment, the appellant Md. Habib @ Md. Habib Miya has been convicted for the offences under Sections 399 and 402 of the IPC and Sections 25(1A) and 26 of the Arms Act.

2.1. The appellants Naresh Rai @ Nankhi and Akash Singh @ Sangram Singh @ Bhaiji have been sentenced to undergo seven years of rigorous imprisonment each for the offence under Section 399 of the IPC, seven years of rigorous imprisonment each for the offence under Section 402 of the IPC, and three years of rigorous imprisonment each for the offence under Section 414 of the IPC. They have been further sentenced to undergo seven years and five years of rigorous imprisonment each for the offences under Sections 25(1A) and 26 of the Arms Act, respectively.

2.2. The appellant Md. Habib @ Md. Habib Miya has been sentenced to undergo seven years of rigorous imprisonment for the offence under Section 399 of the IPC and has been further sentenced to undergo seven years of rigorous imprisonment for the offence under Section 402 of the IPC. He has also been sentenced to undergo seven years and five years of rigorous imprisonment for the offences under Sections 25(1A)

and 26 of the Arms Act, respectively.

2.3. By the impugned order of sentence, all the appellants have also been punished with a fine of Rs. 5,000/- each for the offence under Section 399 of the IPC, Rs. 3,000/- each for the offence under Section 402 of the IPC, and Rs. 3,000/- and Rs. 2,000/- each for the offences under Sections 25(1A) and 26 of the Arms Act, respectively. In default of payment of fines, they have been directed to undergo simple imprisonment for a period of three months additionally. All the sentences of imprisonment have been directed to run concurrently by the trial court.

2.4. All the appellants have been acquitted of the offence under Section 35 of the Arms Act by the same impugned judg