IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL REVISION No.169 of 2022 Arising Out of PS. Case No.-271 Year-1997 Thana- KORMA District- Sheikhpura ======================================================

1. Kapildeo Singh S/o Late Mathura Singh R/o village- Chare, P.S.- Korma, District- Sheikhpura

2. Umesh Singh S/o Late Mathura Singh R/o village- Chare, P.S.- Korma, District- Sheikhpura

3. Manoj Singh S/o Kapildeo Singh R/o village- Chare, P.S.- Korma, District-

Sheikhpura

4. Sanoj Singh S/o Kapildeo Singh R/o village- Chare, P.S.- Korma, District-

Sheikhpura

5. Vinay Singh S/o Kapildeo Singh R/o village- Chare, P.S.- Korma, District-

Sheikhpura

6. Sabita Devi @ Sabitri Devi W/o Kapildeo Singh R/o village- Chare, P.S.-

Korma, District- Sheikhpura

7. Nirmala Devi W/o Umesh Singh R/o village- Chare, P.S.- Korma, District-

Sheikhpura ... ... Petitioner/s Versus

1. The State of Bihar

2. Uma Shankar Singh S/o Late Jago Singh R/o village- Chare, P.S.- Korma, District- Sheikhpura ... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr. Bipin Kumar, Advocate Mr. Ravi Kant, Advocate For the O.P. No. 2 : Mr. Sheo Nandan Prasad, Advocate For the State : Mr. Nagendra Prasad, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA

ORAL JUDGMENT

Date : 18-02-2026 Heard learned counsel for the petitioners and learned counsel for the opposite party no. 2 as well as learned APP for the State.

2. The present criminal revision has been filed against the judgment dated 02.02.2022 passed by the learned Additional Sessions Judge-III, Sheikhpura in Criminal Appeal No. 09 of 2017 (Trial No. 04 of 2022), whereby and whereunder the learned appellate court partially allowed the appeal preferred by the opposite party no. 2 against the judgment dated 01.05.2017 passed by the learned Judicial Magistrate 1^st Class, Sheikhpura in which the petitioners were acquitted of the charges against them. The learned Appellate Court, by the impugned judgment, remanded the matter back to the trial court to hear the matter on the point of sentence considering the absence of previous conviction of the petitioners and taking it to be a first offence, especially in the context of the Probation of Offenders Act.

3. Briefly stated, the facts of the case are that the informant/opposite party no. 2 has lodged Sheikhpura P.S. Case No. 271 of 1997 under Sections 147, 148, 149, 323, 324, 307 and 337 IPC, alleging therein that while the informant was returning after taking bath from a pond, the petitioners, variously armed with rifle, revolver, sword and rod, assaulted the informant with intention to kill him. It is also alleged that the informant was attacked on the head with a sword and the accused person broke his teeth by inserting the sword in his mouth. The motive behind the occurrence was that prior to the occurrence, the brother of the informant lodged a case against the petitioners. On the basis of aforesaid fardbeyan of the informant/opposite party no. 2, Sheikhpura P.S. Case No. 271 of 1997 was registered against the petitioners. Thereafter, cognizance was taken under Sections 147, 148, 149, 323 and 325 of the Indian Penal Code and charges were framed under Sections 147, 148, 149 and 323 of IPC against the accused persons. The learned trial court after considering the available evidence and materials, vide judgment dated 01.05.2017, acquitted the petitioners/accused of all the charges. Aggrieved by the aforesaid judgment dated 01.05.2017, the informant/opposite party no. 2 preferred an appeal before the learned appellate court and the learned appellate court, vide judgment dated 02.02.2022, partially allowed the appeal and remitted the matter back to the learned trial court. The aforesaid judgment 02.02.2022 is under challenge before this Court in the instant revision petition.

4. Learned counsel for the petitioners submits that the impugned order is bad in the eye of law as well a