Patna High Court – Orders
Bhagya Narayan Sahani vs The State Of Bihar on 28 July, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3440 of 2024
Arising Out of PS. Case No.-134 Year-2024 Thana- PAROO District- Muzaffarpur
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Bhagya Narayan Sahani Son of Late Maharaj Sahani R/O Vill.- Kairiya,
Khash, P.s.- Paroo, Dist.- Muzaffarpur.
... ... Appellant/s
Versus
1. The State of Bihar
2. Ravindra Paswan Son of Mahendra Paswan R/O Vill.- Gaddopur, P.s.-
Paroo, Dist.- Muzaffarpur.
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Alok Kumar Alok, Advocate
For the Respondent/s : Mr. Sadanand Paswan, SPP
For the Informant : None
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CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
7 28-07-2025
Heard learned counsel for the appellant and learned
Special Public Prosecutor for the State. Perused the case diary.
2. The instant appeal has been filed by the appellant
against the order dated 01.07.2024 passed by learned Special
Judge, SC/ST (PoA) Act, Muzaffarpur whereby the prayer for
bail of the appellant in connection with Paroo P.S. Case No. 134
of 2024 under Sections 147, 148, 149, 341, 323, 324, 307, 504,
506 of the Indian Penal Code and Section 3(i)(r)(s) of SC/ST
Act was rejected.
3. The accusation against the accused persons
including the appellant is of inflicting serious injuries to the
informant and his brother by hitting them by means of lathi-
Patna High Court CR. APP (SJ) No.3440 of 2024(7) dt.28-07-2025
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danda, bhala and farsa on their heads.
4. Learned counsel for the appellant submits that the
appellant has falsely been implicated in the present case.
Learned counsel further submitted that there is no specific
allegation against the appellant, rather the same is general and
omnibus in nature. There is case and counter-case between the
parties. Learned counsel further submitted that the alleged
occurrence took place at the spur of the moment agitated by the
informant side. Learned counsel for the appellant further
submits that the appellant has not taken the caste name of the
informant in public view, hence, no offence under the provisions
of SC/ST Act is made out against him. The appellant has no
intention to disgrace the image of the informant in public view.
The appellant is in custody since 14.06.2024 and has no
criminal antecedent. The co-accused person has already been
granted bail by this Court vide order dated 18.01.2025 passed in
Cr. Appeal (SJ) No. 4954 of 2024.
5. Learned Special P.P. for the State vehemently
opposed the prayer for grant of bail to the appellant.
6. Considering the aforesaid facts and circumstances
of the case, claim based on parity and the period of custody
undergone by the appellant, this Court is inclined to allow this
Patna High Court CR. APP (SJ) No.3440 of 2024(7) dt.28-07-2025
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appeal. Accordingly, the appeal is allowed and order dated –
01.07.2024 passed by learned Special Judge, SC/ST (PoA) Act,
Muzaffarpur in connection with Paroo P.S. Case No. 134 of
2024 is hereby set aside.
7. Let the appellant, abovenamed, be released on bail
on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Paroo P.S. Case No.
134 of 2024.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T