Patna High Court – Orders
Sunil Kumar Pathak vs The State Of Bihar on 29 July, 2025
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.12 of 2024
Arising Out of PS. Case No.-24 Year-2023 Thana- SC/ST District- Buxar
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Sunil Kumar Pathak Son of Late Mahabir Pathak Resident of Village And
P.O. - Nenua, P.S. - Dumraon, District - Buxar
... ... Appellant/s
Versus
1. The State of Bihar
2. Tileshwari Devi Wife of Kesho Ram Resident of Village - Sawahar Ex.
Ward Member No.8, R/O. Panchayat Harpur, Jaipur, P.S. - Etarhi, District -
Buxar
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Rajesh Kumar, Advocate
For the State : Mr. Usha Kumari 1, Spl.P.P.
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
6 29-07-2025
Heard Mr. Rajesh Kumar, learned counsel for the
appellant and Mrs. Usha Kumari 1, 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
02.11.2023 passed by the learned Additional Sessions Judge-I-
cum-Special Judge, SC/ST (POA) Act, Buxar in connection with
Buxar Sadar SC/ST P.S. Case No. 24 of 2023, F.I.R. dated
01.09.2023 registered under Sections 341, 323, 406, 409, 354, 504,
506 of the Indian Penal Code and Sections 3(i)(r)(s)(w)(i) and 3(2)
(va) of the Scheduled Castes and Scheduled Tribes (POA) Act,
1989.
3. According to the prosecution case, the appellant was
Patna High Court CR. APP (SJ) No.12 of 2024(6) dt.29-07-2025
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given contract under the scheme of Mukhyamantri Nal Jal Yojna
and he was received Rs. 12,17,300/- (Rs. Twelve Lakh Seventeen
Thousand and Three Hundred). It is alleged that he has done some
work but withdrawn all the money. When complainant requested
him to finish his work, then he along with other co-accused
persons is said to have abused him by taking his caste name.
4. Learned counsel for the appellant submits that
appellant has clean antecedent and he has 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 no case is made out
under the SC/ST Act against the appellant. As per allegation in the
FIR, the petitioner has received an amount of Rs. 12,17,300/- (Rs.
Twelve Lakh Seventeen Thousand and Three Hundred) under the
Mukhyamantri Nal Jal Yojna and he has completed his work to the
tune of Rs. 9,35,200/- (Rs. Nine Lakh Thirty Five Thousand and
Two Hundred) and kept Rs. 2,82,100/- (Rs. Two Lakh Eighty Two
Thousand and One Hundred) and he has not completed his work as
mentioned in the FIR. It is further submitted that, infact, the wife
of the appellant has deposited an amount of Rs. 2,82,100/- (Rs.
Two Lakh Eighty Two Thousand and One Hundred) on 29.02.2024
itself and in view of the aforesaid, today, there is no liablity
against the appellant.
5. Learned Special Public Prosecutor for the State has
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informed this Court that Superintendent of Police, Buxar has also
informed her that the wife of the appellant has deposited an
amount as mentioned aforesaid on 29.02.2024.
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. Considering the facts and circumstances of the case
that the appellant has clean antcedent and the wife of the appellant
has deposited the aforementioned amount, let the appellant, above
named, in the event of his 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 Additional Sessions Judge-I-
cum-Special Judge, SC/ST (POA) Act, Buxar in connection with
Buxar Sadar SC/ST P.S. Case No. 24 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. 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
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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 has concealed his 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)
priyanka/-
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