Sugreev Kumar vs The State Of Bihar on 22 July, 2025

Patna High Court – Orders

Sugreev Kumar 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.2628 of 2024
                          Arising Out of PS. Case No.-1 Year-2024 Thana- SC/ST District- Banka
                 ======================================================
           1.     Sugreev Kumar S/o Mahesh Mandal R/o Village-Kaitha(Bhagwanpur) P.S.-
                  Rajoun, District-Banka
           2.    Bikram Kumar S/o Niranjan Mandal R/o Village-Kaitha(Bhagwanpur) P.S.-
                 Rajoun, District-Banka

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :        Mr. Dhananjay Pandey, Advocate
                 For the Respondent/s     :        Ms. Usha Kumari 1, Spl. P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

4   22-07-2025

Heard Mr. Dhananjay Pandey, learned counsel for

the appellants as well as Ms. Usha Kumari 1, 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

22.04.2024 passed by the learned ADJ I cum Special Judge,

SC/ST Act, Banka, in connection with Banka P.S. Case No.01

of 2024, F.I.R. dated 08.02.2024 registered under Sections 341,

323, 504, 506/34 of the Indian Penal Code and Sections 3(i)(r)

(s) (w) 3(2) (va) of the Scheduled Castes and Scheduled Tribes
Patna High Court CR. APP (SJ) No.2628 of 2024(4) dt.22-07-2025
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Act were added.

4. According to the prosecution case, on 31.01.2024,

the informant Nandlal Paswan reported to the SHO, Banka

Police Station, that his younger son was abused with caste-based

slurs and physically assaulted by the named accused while on

his way to make a purchase. When the informant questioned the

accused about the incident, they also abused and assaulted him.

5. Learned counsel for the appellants submits that

appellants have clean antecedent and they have falsely been

implicated in the present case. From a bare perusal of F.I.R., it

appears that due to some petty dispute, the present occurrence

had taken place. Although, the appellants are named in the

F.I.R. but from a bare perusal of the F.I.R., it appears that the

date of occurrence, as alleged in the F.I.R. is 31.01.2024 but the

present F.I.R. has been instituted on 08.02.2024, after delay of

about 8 days, only to falsely implicate the appellants in the

present case. Although, the appellants are named in the F.I.R.,

but there is no specific allegation of any assault or overt act

attributed against the appellants rather there is general and

omnibus allegation against all the accused persons, including

the appellants. There is specific allegation of assault against the

accused persons namely Pappu Mandal and Mahesh Mandal.
Patna High Court CR. APP (SJ) No.2628 of 2024(4) dt.22-07-2025
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6. Learned Special Public Prosecutor for the State has

vehemently opposed the prayer for bail of the appellants.

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 appellants having clean antecedent, there is no specific

allegation of any assault, overt act or abusing by caste name

against the appellants, let the appellants, above named, in the

event of their 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 A.D.J. I cum Special

Judge, SC/ST Act, Banka, in connection with Banka P.S. Case

No.01 of 2024, 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.2628 of 2024(4) dt.22-07-2025
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on his absence on two consecutive dates without sufficient

reason, his 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.

9. Accordingly, the impugned order is set aside and

this appeal stands allowed.

(Rajesh Kumar Verma, J)
sharun/-

U      T