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Patna High Court – Orders
Bashudev Singh vs The State Of Bihar on 15 April, 2025
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.464 of 2023
Arising Out of PS. Case No.-129 Year-2020 Thana- LAURIA District- West Champaran
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1. BASHUDEV SINGH Son of Late Daroga Singh R/o Parsauna, District-
West Champaran
2. RAHUL SINGH Son of Laljee Singh
3. CHANDESHWAR SINGH Son of Late Hari Singh
4. PREMCHANDRA SINGH Son of late Bhagwan Singh.
All are R/o Daniyal Parsauna, P.S.- Sathi, West Champaran
... ... Appellant/s
Versus
1. The State of Bihar
2. TOOFANI HAZRA Son of Late Sukhdev Hazra R/o Dumra Bhath, P.S.-
Lauriya, West Champaran, Bihar
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr.Rishabh Mishra, Advocate
For the Respondent/s : Mr.Sadanand Paswan, Spl.P.P.
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
5 15-04-2025
Learned counsel for the appellants has filed a
supplementary affidavit and stated in para-4 of the said
supplementary affidavit that in para-3 of the Criminal appeal
makes a statement that appellant No.5 has clean antecedent,
while there is no appellant No.5 in the present matter, and, as
such, the appellants seek leave to delete the said statement.
2. Heard Mr.Rishabh Mishra, learned counsel for the
appellants and Mr.Sadanand Paswan, learned Spl.P.P. for the
State.
3. Despite of enter appearance on behalf of
Patna High Court CR. APP (SJ) No.464 of 2023(5) dt.15-04-2025
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respondent No.2, no one appearance on behalf of respondent
No.2.
4. This is an appeal under Sections 14(A)(2) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, against refusal of the prayer for anticipatory bail
by order dated 18.02.2021 in A.B.P. No.232 of 2021 passed by
the learned Additional District and Sessions Judge-1st-cum-
Special Judge SC/ST, Bettiah, West Champaran in connection
with Lauriya P.S.Case No. 129 of 2020, dated 04.09.2020
registered under Sections 147,341,323,379,504,506 of the
Indian Penal Code as well as under Sections 3(i)(r) of the
Scheduled Castes and Scheduled Tribes Act.
5. The prosecution case in brief is that the informant
Magani Paswan given fardbyan against his Neighbour Villagers
alleging that on 07/06/2020 at about 4 PM he was cleaning his
door, at that time all accused Persons Started quarrel with
appellant regarding previous matter and appellant no. 1 said that
take back the previous case that you have filed against our
family members otherwise we will not let you live in the village
and all accused started beating and further he stated that Rahul
Singh has snatched the Golden locket and Rs.5400/- during this
the informant got injured.
Patna High Court CR. APP (SJ) No.464 of 2023(5) dt.15-04-2025
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6. Learned counsel for the appellant submits that the
appellants have falsely been implicated in the present case. It
appears from the FIR that the date of occurrence as alleged in
the FIR is 07.06.2020 and the Fardbeyan has been recorded on
08.06.2020 but the present FIR has been instituted on
04.09.2020 after delay of three months without giving any
explanation of delay and apart from that, it appears from the FIR
itself that due to previous some dispute the present occurrence
had taken place and 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.
7. The learned Spl.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the appellants and
submits that appellant Nos.1,2 and 3 carry two more cases and
appellant No.4 carries one more case other than the present one
but fairly submits that they are on bail in all the pending
matters, as mentioned in para-5 of the supplementary affidavit.
8. After hearing the parties, in my view for the
purpose of this anticipatory bail, no offence under the provisions
of Schedule Castes and Scheduled Tribes Act is made out.
9. Hence, let the appellants, above named, in the
Patna High Court CR. APP (SJ) No.464 of 2023(5) dt.15-04-2025
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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 Additional District
and Sessions Judge-1st-cum- Special Judge SC/ST, Bettiah,
West Champaran in connection Lauriya P.S.Case No. 129 of
2020, subject to the conditions as laid down under Section
438(2) of the Code of Criminal Procedure/Section 482(2) of the
BNSS, 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
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
(II) If the appellants tamper 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
Patna High Court CR. APP (SJ) No.464 of 2023(5) dt.15-04-2025
5/5cancellation 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.
10. Accordingly, the impugned order is set aside and
this appeal stands allowed.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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