Patna High Court – Orders
Sonu Singh Sukha @ Sonu Singh @ Sukha @ … vs The State Of Bihar on 4 July, 2025
Author: Rajeev Ranjan Prasad
Bench: Rajeev Ranjan Prasad
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3624 of 2024
Arising Out of PS. Case No.-43 Year-2024 Thana- CHERIYA BARIYARPUR District-
Begusarai
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Sonu Singh Sukha @ Sonu Singh @ Sukha @ Shivam Kumar, Son of Sohan
Singh @ Sanjeev Singh, Resident of Village - Cheriya Bariarpur, P.S.-
Cheriya Bariarpur, District - Begusarai
... ... Appellant
Versus
1. The State of Bihar
2. Binod Paswan, Son of Kamli Paswan, Resident of Village - Cheriya
Bariarpur, Ward No.2, P.S. - Cheriya Bariarpur, District - Begusarai
... ... Respondents
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Appearance :
For the Appellant : Mr. Devendra Prasad Singh, Advocate
For the State : Mr. Binay Krishna, Special PP
For the Resp No. 2 : Mr. Dinesh Maharaj, Advocate
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CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)
5 04-07-2025
Heard learned counsel for the appellant, learned
counsel for the informant and learned Special PP for the State.
2. This matter has been taken up on mentioning made
by learned counsel for the appellant with the consent of learned
counsel for the informant and learned Special PP for the State
on the ground that the appellant is required to appear in a
competitive examination being held by the Bihar Technical
Service Commission.
3. Mr. Devendra Prasad Singh, learned counsel for the
appellant has placed before this Court a copy of the admit card
to show that the examination is scheduled for 09th July, 2025.
Patna High Court CR. APP (SJ) No.3624 of 2024(5) dt.04-07-2025
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4. In the circumstances, this matter has been taken up
for consideration.
5. The present appeal has been filed for setting aside
the order dated 14.06.2024 passed by learned Exclusive Special
Judge, Scheduled Caste and Scheduled Tribe (Prevention of
Atrocities) Act, Begusarai (in short ‘SC/ST (POA) Act’) in
connection with Cheria Bariarpur P.S. Case No. 43 of 2024 for
the offences under Sections 323, 341, 307, 504, 506/34 of the
Indian Penal Code and Sections 3(1)(dha), 3(2)(va) of the
SC/ST (POA) Act whereby and whereunder the prayer of the
appellant for bail has been rejected. He is in custody since
30.05.2024. He has three criminal antecedents.
6. Earlier, this appellant had moved this Court for
grant of anticipatory bail vide Criminal Appeal (SJ) No. 2151 of
2024 which was permitted to be withdrawn on behalf of this
appellant vide order dated 04.06.2024.
7. From the allegations made in the FIR, it appears
that one Banti Singh had called the son of the informant in his
hotel, he had abused him and threatened him. It is alleged that
when the son of the informant reached Vishwakarma Chauk,
Cheriya, Bariyarpur, then four persons caught hold of him and
took him to Aadhya Food Plaza, Cheriya Bariyarpur which is
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the hotel of Banti Singh and all of them allegedly assaulted him.
It is alleged that Banti Singh took the son of the informant to his
dera and tied him with a pole/khutta. At this stage, allegation
against this appellant is that he had made a video and all of the
accused persons were hurling abuses in the caste name and
while making video, they forcibly made him to drink wine.
8. Learned counsel for the appellant submits that so
far as this appellant is concerned, there is no specific allegation
of causing assault against him. He is said to have made a video,
further, the Doctor has found four injuries out of which three are
simple in nature and one is grievous but the same is not
attributed to the appellant.
9. It is further submitted that the appellant has
remained in jail for over one year, he is a young man, is
educated and for purpose of his livelihood, he is appearing in
competitive examination. The petitioner has got three criminal
antecedents but in all the cases, he is on bail.
10. Learned counsel for the informant and learned
Special Public Prosecutor for the State have submitted that this
appellant is one of the persons who were involved in the alleged
occurrence. It is submitted that though in the FIR, no specific
allegation of assault had been made against him but there is a
Patna High Court CR. APP (SJ) No.3624 of 2024(5) dt.04-07-2025
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composite allegation and according to the same, this appellant
had also participated in the alleged occurrence.
11. Having regard to the submissions noted
hereinabove and on taking into consideration the nature of
allegations against the appellant, the fact that he is in jail for
over one year in connection with this case and he has to appear
in a competitive examination which is scheduled to be held from
09th July, 2025, this Court sets aside the impugned order and
directs release of the appellant above-named on bail on
furnishing bail bond of Rs.25,000/- (Rupees Twenty Five
Thousand) with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Judge, Scheduled
Caste and Scheduled Tribe (Prevention of Atrocities) Act,
Begusarai in connection with Cheria Bariarpur P.S. Case No. 43
of 2024, subject to the conditions under Section 437(3) Cr.PC.
12. And further condition that the court below shall
verify the criminal antecedent of the appellant and in case at any
stage it is found that the appellant has concealed his criminal
antecedent, the court below shall take steps for cancellation of
bail bond of the appellant. 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.
Patna High Court CR. APP (SJ) No.3624 of 2024(5) dt.04-07-2025
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13. And further condition that while being on bail, he
would not try to approach/contact the informant and his family
members.
14. He shall put appearance in course of trial on the
dates fixed in the matter and two regular defaults in putting
appearance in court without any cogent reason, his bail bond
shall be cancelled.
15. This appeal stands disposed of accordingly.
(Rajeev Ranjan Prasad, J)
lekhi/-
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