Bhikhari Singh vs The State Of Bihar on 1 July, 2025

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Patna High Court – Orders

Bhikhari Singh vs The State Of Bihar on 1 July, 2025

Author: Rajesh Kumar Verma

Bench: Rajesh Kumar Verma

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.1619 of 2024
                   Arising Out of PS. Case No.-242 Year-2023 Thana- HATHAURI District- Muzaffarpur
                 ======================================================
           1.     Bhikhari Singh Son of Late Ram Julum Singh @ Julum Singh Resident of
                  village Sahilarampur P.S.Hathauri District Muzaffarpur
           2.    Gagan Singh Son of Bhikhari Singh Resident of village Sahilarampur
                 P.S.Hathauri District Muzaffarpur
                                                                    ... ... Appellant/s
                                                   Versus
           1.    The State of Bihar
           2.     Janak Ram Son of Late Prashadi Ram Resident of village Sahilarampur
                  P.S.Hathauri District Muzaffarpur
                                                                    ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Ms. Bela Singh, Advocate
                 For the Resp.No.2      :        Mr. Gajendra Kumar Singh, Advocate
                 For the Respondent/s   :        Mrs. Usha Kumari 1, Spl.PP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER
5   01-07-2025

Heard Ms. Bela Singh, learned counsel for the

appellants, Mr. Gajendra Kumar Singh, learned counsel for the

Respondent No.2 as well as Mrs. Usha Kumari 1, learned

Spl.P.P. for the State.

2. This is an appeal under Sections 14(A)(2) against

refusal of the prayer for anticipatory bail by order dated

13.02.2024 passed by the learned Court of Special Judge, SC/ST

(POA) Act, Muzaffarpur in A.B.P. No. 195 of 2024 in

connection with Hathauri P.S. Case No. 242 of 2023, F.I.R.

dated 22.11.2023 registered under Sections 341, 323, 308, 354B,

504, 506, 34 of the Indian Penal Code and Sections 3 (i) (r) (s)

(w), 3(2)(va) of the Scheduled Castes and Scheduled Tribes Act.
Patna High Court CR. APP (SJ) No.1619 of 2024(5) dt.01-07-2025
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3. According to the prosecution case, the informant

alleged that on 17.11.2023 at 7:00 P.M while he was returning to

his home from market, in the meantime, the appellants stopped

him and abused him by his caste name and assaulted him. When

his wife and son came to rescue him, the appellants assaulted

them also.

4. Learned counsel for the appellants submits that

appellants are innocent and they have falsely been implicated in

the present case. The present case is counter blast of Hathauri

P.S. Case No. 241 of 2023 filed by the appellants side against

the informant and his family members. From bare perusal of the

FIR it appears that there is specific allegation of assault against

the appellants that they assaulted the informant and his family

members. The allegation as alleged in the F.I.R. is false and

fabricated and the appellants have not committed any offences

as alleged in the F.I.R. Infact there is no injury report available

on record which suggest that informant and his other family

members have received injury and apart from that the present

occurrence took place on 17.11.2023 but the FIR was lodged on

22.11.2023 i.e. after delay of 5 days without giving any reason

for delay.

5. Learned Special Public Prosecutor for the State
Patna High Court CR. APP (SJ) No.1619 of 2024(5) dt.01-07-2025
3/4

and learned counsel for the Respondent No.2 have vehemently

opposed the prayer for bail of the appellants and submits that

there is direct and specific allegation against the appellants that

they assaulted the informant and his family members and apart

from that appellant no.2 has clean antecedent and appellant no.1

carries one criminal antecedent other than the present one but

fairly submits on the basis of paragraph-3 of the bail application

that the appellant no.1 is on bail in the pending matter.

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 aforesaid facts and circumstances,

let the appellants, above named, in the event of their 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

Court of Special Judge, SC/ST (POA) Act, Muzaffarpur in

connection with Hathauri P.S. Case No. 242 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:-

Patna High Court CR. APP (SJ) No.1619 of 2024(5) dt.01-07-2025
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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 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 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

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)
Suruchi/-

U      T
 



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