Patna High Court – Orders
Sonu Kumar Rai vs The State Of Bihar on 14 August, 2025
Author: Prabhat Kumar Singh
Bench: Prabhat Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1549 of 2024
Arising Out of PS. Case No.-1050 Year-2023 Thana- SONEPUR District- Saran
======================================================
SONU KUMAR RAI SON OF RAM NATH RAI RESIDENT OF VILLAGE
- BARBIGHA KHARIKS, P.S. - SONPUR, DISTRICT - SARAN
... ... Appellant/s
Versus
1. THE STATE OF BIHAR
2. SUMITRA DEVI WIFE OF LATE DASRATH RAM RESIDENT OF
VILLAGE - GOVIND CHAK, P.S. - SONEPUR, DISTRICT - SARAN
... ... Respondent/s
======================================================
Appearance :
For the Appellant : Mr. Manoj Singh, Advocate
Mr. Rishup, Advocate
For the State : Ms. Usha Kumari 1, Spl.PP
For Respondent No. 2 : None
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 14-08-2025
Heard learned counsel appearing for the appellant and
learned Spl.P.P. appearing on behalf of the State.
2. Despite filing Vakalatnama, no one appears on
behalf of the informant/Respondent No. 2.
3. This appeal has been filed for setting aside order
dated 22.02.2024 passed in a case registered for the offence
punishable under Sections 341, 323, 324, 354B, 379, 506, 504
and 34 of the Indian Penal Code and Section 3(1)(r)(s) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, whereby the prayer for anticipatory bail of the
appellant has been rejected.
Patna High Court CR. APP (SJ) No.1549 of 2024(4) dt.14-08-2025
2/3
4. As per prosecution case, informant, namely Sumitra
Devi, alleged that on 05.11.2023 at about 5 PM, all the F.I.R.
named accused persons, including this appellant, arrived in
Scorpio vehicle, abused by caste name and assaulted informant
and her son.
5. It is submitted by learned counsel appearing on
behalf of the appellant that appellant is quite innocent and has
committed no offence. As a matter of fact, both parties are co-
villagers and due to land dispute, this false and concocted case
has been lodged. Doctor has found the injuries, sustained by the
injured, simple in nature. It is not the case of the prosecution
that any member of public was present at the place of
occurrence and as such, no case under the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act is made out
against the appellant. Appellant claims clean antecedents.
6. On the other hand, learned Spl.P.P. appearing on
behalf of the State has vehemently opposed this appeal.
7. Considering the facts and circumstances of the
case, nature of injuries sustained by the injured and clean
antecedents of the appellant, this appeal is allowed and the
impugned order dated 22.02.2024 passed by the learned
Patna High Court CR. APP (SJ) No.1549 of 2024(4) dt.14-08-2025
3/3
Exclusive Special Judge, S.C./S.T. Act, Chapra, Saran in
connection with A.B.P. No. 578 of 2024 arising out of Sonepur
P.S. Case No. 1050 of 2023 is hereby set aside with respect to
this appellant only.
8. Accordingly, let the appellant, named above, in the
event of arrest/surrender within a period of eight weeks from the
date of receipt/production of a copy of this order, be enlarged on
bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with
two sureties of the like amount each to the satisfaction of
learned Exclusive Special Judge, S.C./S.T. Act, Chapra, Saran in
connection with Sonepur P.S. Case No. 1050 of 2023.
(Prabhat Kumar Singh, J)
shashank/-
U T
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