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Patna High Court – Orders
Amarjit Jha @ Raja Babu @ Amarit Jha vs The State Of Bihar on 10 July, 2025
Author: Chandra Prakash Singh
Bench: Chandra Prakash Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2565 of 2024
Arising Out of PS. Case No.-355 Year-2022 Thana- LADANIA District- Madhubani
======================================================
Amarjit Jha @ Raja Babu @ Amarit Jha S/o Lalitesh Kumar Jha @
Laliteshwar Jha @ Gannu Jha R/o Village- Padma, P.S.- Ladaniya, District-
Madhubani.
... ... Appellant/s
Versus
1. The State of Bihar.
2. Garib Paswan S/o Mahendra Paswan, R/o Village- Patauna, P.S.- Basopatti,
District- Madhubani.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Yogesh Kumar, Advocate
For the Respondent/s : Mr. Binay Krishna, Spl. P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH
SINGH
ORAL ORDER
5 10-07-2025
Re: I.A. No. 01 of 2025:
Heard learned counsel for the appellant, learned
counsel for the respondent no. 2 and learned Spl. P.P. for the
State.
2. The present I.A. No. 01 of 2025 has been filed
for treating the service of notices as valid service of notice, as
the notice addressed to respondent no. 2 has been received by
his mother.
3. Learned counsel for the appellant submitted that
Resma Devi is the mother of respondent no. 2, i.e., Garib
Paswan and they live jointly in a joint house.
4. For the reasons mentioned in the I.A. No. 01 of
Patna High Court CR. APP (SJ) No.2565 of 2024(5) dt.10-07-2025
2/4
2025, the same is allowed and service of notice is accepted as
valid service of notice.
5. Accordingly, I.A. No. 01 of 2025 stands disposed
of.
Re: Cr. Appeal No. 2565 of 2024:
6. This is an appeal under Section 14(A)(2) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities Act), 1989 (hereinafter referred to as “SC/ST Act”)
against the refusal of prayer for anticipatory bail of the appellant
vide order dated 02.05.2024 passed by the learned 1st Additional
Sessions Judge-cum-Special Judge Madhubani, in connection
with A.B.P. No. 704 of 2024, arising out of Ladaniya P.S. Case
No. 355 of 2022 dated 02.12.2022 registered for the alleged
offences under Sections 341, 323, 307, 379, 506, 504 / 34 of the
Indian Penal Code and under Sections 3(i)(r) / 3(2)(v)(a) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act.
7. As per prosecution case, the informant along
with his friends was going to attend a marriage party and on the
way they stopped for tea at Padma Chowk, where the accused
persons started abusing him by calling his caste name. On being
objected, they started assaulting the informant and his friends
Patna High Court CR. APP (SJ) No.2565 of 2024(5) dt.10-07-2025
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with fists and slaps. When his friend, Chandra Bhusan Singh
came to rescue, they also assaulted him with bamboo causing
injury on his head and eyes.
8. Learned counsel for the appellant submits that
the appellant is innocent and has been falsely implicated in this
case. Learned counsel has further submitted that the caste name
was not disclosed by anyone at the time of the alleged
occurrence. There is general and omnibus allegation against the
appellant. As per FIR, no member of public was present at the
relevant point of time of the incident. Learned counsel has
further submitted that no specific caste name has been called by
the appellant, hence, no case is made out under Section SC/ST
Act. The appellant has clean antecedent as mentioned in
paragraph no. 3 of the bail application.
9. Learned Spl. P.P. for the State as well as learned
counsel for the respondent no. 2 have opposed the prayer for
anticipatory bail of the appellant.
10. In view of the aforesaid facts and circumstances
of the case as well as the fact that no case is made out against
the appellant, the impugned order dated 02.05.2024 passed by
the learned 1st Additional Sessions Judge-cum-Special Judge
Madhubani, in connection with A.B.P. No. 704 of 2024 arising
Patna High Court CR. APP (SJ) No.2565 of 2024(5) dt.10-07-2025
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out of Ladaniya P.S. Case No. 355 of 2022, is set aside against
the appellant. The criminal appeal is allowed.
11. Accordingly, the above named appellant, in the
event of his arrest/surrender before the learned court below
within a period of six weeks from today, be enlarged on
anticipatory bail on furnishing bail bond of Rs. 20,000/-
(Rupees Twenty thousand) with two sureties of the like amount
each to the satisfaction of the learned 1 st Additional Sessions
Judge-cum-Special Judge Madhubani, in connection with A.B.P.
No. 704 of 2024, Ladaniya P.S. Case No. 355 of 2022, subject to
the conditions mentioned in Section 438(2) of the Code of
Criminal Procedure.
(Chandra Prakash Singh, J)
Shahnawaz/-
U T
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