Patna High Court – Orders
Sunita Devi vs The State Of Bihar on 1 July, 2025
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1272 of 2025
Arising Out of PS. Case No.-69 Year-2023 Thana- SC/ST District- Lakhisarai
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1. Sunita Devi W/o Ram Pukar Sao @Subodh Gupta Resident of village-
Piparia, P.S.-Piparia, District-Lakhisarai,at present residing at Mohalla-
Prabhat Colony, Post- Chas, P.S.- Chas, Bokaro, District-Bokaro (Jharkhand)
2. Neha Kumari D/O Subodh Gupta @ Ram Pukar Saw Resident of village-
Piparia, P.S.-Piparia, District-Lakhisarai,at present residing at Mohalla-
Prabhat Colony, Post- Chas, P.S.- Chas, Bokaro, District-Bokaro (Jharkhand)
3. Vinod Sao @ Vinod Kumar Sao S/O Late Yaddu Sao Resident of village-
Piparia, P.S.-Piparia, District-Lakhisarai,at present residing at Mohalla-
Prabhat Colony, Post- Chas, P.S.- Chas, Bokaro, District-Bokaro (Jharkhand)
... ... Appellant/s
Versus
1. The State of Bihar
2. Suryadeo Paswan S/O Karv Paswan R/O vill.- Godih, P.S.- Kiul, Dist.-
Lakhisarai, At Present Naya Bazar, Loknath V Campur, P.S.- Kabaiya, Dist.-
Lakhisarai.
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Mukesh Kumar, Advocate
Mr. Vijay Kumar Pandey, Advocate
For the Respondent No. 2 : Mr. Shree Kant Vaidya, Advocate
For the State : Mr. Sadanand Paswan, Spl.P.P.
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 01-07-2025
Heard Mr. Mukesh Kumar, learned counsel for the
appellants, Mr. Shree Kant Vaidya, learned counsel for the
Respondent No. 2 and Mr. Sadanand Paswan, learned Special
Public Prosecutor for the State.
2. This is an appeal under Sections 14(A)(2) against
refusal of the prayer for anticipatory bail by order dated
28.01.2025 passed by the learned District & Addl. Sessions
Judge-I-cum-Special Judge, SC/ST, Lakhisarai in ABP No. 29
Patna High Court CR. APP (SJ) No.1272 of 2025(3) dt.01-07-2025
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of 2025 in connection with Lakhisarai SC/ST P.S. Case No. 69
of 2023, F.I.R. dated 25.09.2023 registered under Sections 420,
406, 341, 323, 504 and 34 of the Indian Penal Code and
Sections 3 (i) (r) (s) /3(2)(Va) of the Scheduled Castes and
Scheduled Tribes Act (P.O.A).
3. According to the prosecution case, all these
appellants over admitted land dispute, assaulted the respondent
no. 2 and his family members and also abused them by taking
their caste name.
4. Learned counsel for the appellants submits that
appellants have clean antecedent and they have falsely been
implicated in the present case. He further submits that the
allegation as alleged in the F.I.R. is false and fabricated and the
appellants have not committed any offences as alleged in the
F.I.R. He further submits that it appears from the F.I.R that due
to admitted land dispute the present occurrence has taken place
and it also appears from the F.I.R. that there is pure civil dispute
between the parties and apart from that the date of occurrence is
05.09.2023 but the present F.I.R has been instituted on
25.09.2023 i.e., after delay of twenty days without giving any
explanation of the said delay. Apart from that it appears that
both the parties have entered into compromise and they filed the
Patna High Court CR. APP (SJ) No.1272 of 2025(3) dt.01-07-2025
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joint compromised petition in the learned Court below.
5. Learned counsel appearing on behalf of the
Respondent No. 2 (informant) has informed this Court that the
informant has filed a compromised petition and the informant
does not want to pursue the matter.
6. After hearing the parties, in my view for the
purpose of this anticipatory bail, no offence under the provisions
of Scheduled Castes and Scheduled Tribes Act is made out.
7. Hence, let the appellants, above named, in the event
of their arrest to surrender before the Court below within a
period of thirty days from the date of receipt of the order, be
released on anticipatory bail on furnishing bail bond of Rs.
10,000/- (Ten thousand) with two surities of the like amount
each to the satisfaction of learned District & Addl. Sessions
Judge-I-cum-Special Judge, SC/ST, Lakhisarai in connection
with Lakhisarai SC/ST P.S. Case No. 69 of 2023, subject to the
conditions as laid down under Section 438(2) of the Code of
Criminal Procedure / Section 482(2) of the Bhartiya Nagarik
Suraksha Sanhita, 2023 and with other following conditions:-
i. Appellants shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
Patna High Court CR. APP (SJ) No.1272 of 2025(3) dt.01-07-2025
4/4on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the appellants tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the appellants and in case at
any stage it is found that the appellants have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the appellants. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
8. Accordingly, the impugned order is set aside and
this appeal stands allowed.
(Rajesh Kumar Verma, J)
Jyoti Kumari/-
U T