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
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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
4/4i. 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/-
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