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Patna High Court – Orders
Ram Naresh Singh vs The State Of Bihar on 22 July, 2025
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2918 of 2024
Arising Out of PS. Case No.-918 Year-2023 Thana- NAGAR District- Vaishali
======================================================
Ram Naresh Singh Son of Late Gopal Singh R/O Vill.- Mahadev Bigha,
Rauna, P.S.- Belaganj, Dist.- Gaya
... ... Appellant/s
Versus
1. The State Of Bihar Bihar
2. Bhikhari Ram Son of Ramu Ram R/O Vill.- Mohammadpur pojha, P.S.-
Goraul, Dist.- Vaishali
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Priya Ranjan, Advocate
For the Respondent/s : Mr. Sadanand Paswan, Spl. P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
5 22-07-2025
Heard Mr. Priya Ranjan, learned counsel for the
appellant as well as Mr. Sadanand Paswan, learned Spl.P.P. for
the State.
2. Despite valid service of notice upon respondent
No.2, no one appears on behalf of respondent No.2
3. This is an appeal under Sections 14(A)(2) against
refusal of the prayer for anticipatory bail by order dated
27.04.2024 passed by the learned Exclusive Special Judge,
SC/ST-cum-Additional District and Sessions Judge, Vaishali at
Hajipur, in connection with Hajipur Town P.S. Case No.918 of
2023, F.I.R. dated 11.11.2023 registered under Sections 341,
323, 324, 379, 307, 504/34 of the Indian Penal Code and
Sections 3(1) (x) and later on Sections (r) (s) (w) 3(2) (va) of
the Scheduled Castes and Scheduled Tribes Act were added.
Patna High Court CR. APP (SJ) No.2918 of 2024(5) dt.22-07-2025
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4. According to the prosecution case, the informant
Bhikhari Ram, a labourer, on 10.11.2023 around 1:30 PM, while
he was in Hajipur near Sadar Hospital Road, he was confronted
by Ravi Bhushan Kumar alias Dipu Singh, Ram Naresh Singh,
and two unknown individuals who arrived in a Scorpio car. Ravi
Bhushan Kumar allegedly abused and then assaulted him with a
sharp weapon on the head. The unknown persons tied him with
a rope, and Ram Naresh Singh allegedly took ₹23,000 from his
pocket.
5. Learned counsel for the appellant submits that
appellant has clean antecedents and he has falsely been
implicated in the present case. Although, the appellant is named
in the F.I.R., but from bare perusal of F.I.R., it appears that there
is no specific allegation of any assault or overt act attributed
against the appellant rather he has snatched Rs.23,000/- from
the pocket of the informant and apart from that the present
occurrence, as alleged in the F.I.R. is 10.11.2023 but the present
F.I.R. had been instituted on 11.11.2023, after delay of one day,
without giving any explanation of delay. Learned counsel for the
appellant submits that the same is ornamental and no such
occurrence has taken place, rather there is specific allegation of
assault or overt act attributed against co-accused person,
Patna High Court CR. APP (SJ) No.2918 of 2024(5) dt.22-07-2025
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namely, Ravi Bhushan Kumar @ Dipu Singh which suggests
that the informant has filed the present F.I.R. only to falsely
implicate the appellant.
6. Learned Special Public Prosecutor for the State has
vehemently opposed the prayer for bail of the appellant.
7. 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.
8. Considering the aforesaid facts and circumstances,
the appellant has clean antecedent, there is no specific allegation
of any assault or overt act attributed against the appellant, as
alleged in the F.I.R., let the appellant, above named, in the event
of his arrest or 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) each with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Judge, SC/ST-cum-
Additional District and Sessions Judge, Vaishali at Hajipur, in
connection with Hajipur Town P.S. Case No.918 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
Patna High Court CR. APP (SJ) No.2918 of 2024(5) dt.22-07-2025
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conditions:-
i. appellant 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
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the appellant 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 appellant and in case at
any stage it is found that the appellant have concealed their
criminal antecedent, the court below shall take step 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.
9. Accordingly, the impugned order is set aside and
this appeal stands allowed.
(Rajesh Kumar Verma, J)
sharun/-
U T
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