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Patna High Court – Orders
Buddha Singh @ Madhurendra Singh @ … vs The State Of Bihar on 15 July, 2025
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4178 of 2023
Arising Out of PS. Case No.-126 Year-2023 Thana- JALALPUR District- Saran
======================================================
1. BUDDHA SINGH @ MADHURENDRA SINGH @ MADHUNDOR
SINGH SON OF BAIKUNTH SINGH RESIDENT OF VILLAGE -
SANWARI BAKSHIJI, P.S. - JALALPUR, DISTRICT - SARAN AT
CHAPRA
2. DHARMENDRA SINGH SON OF BAIKUNTH SINGH RESIDENT OF
VILLAGE - SANWARI BAKSHIJI, P.S. - JALALPUR, DISTRICT -
SARAN AT CHAPRA
3. SONU SINGH @ SONU KUMAR @ AMIT SINGH SON OF RAJAN
SINGH RESIDENT OF VILLAGE - SANWARI BAKSHIJI, P.S. -
JALALPUR, DISTRICT - SARAN AT CHAPRA
4. BAIKUNTH SINGH @ BAIKUNTH PRASAD SINGH SON OF LATE
CHANDRIKA SINGH RESIDENT OF VILLAGE - SANWARI BAKSHIJI,
P.S. - JALALPUR, DISTRICT - SARAN AT CHAPRA
... ... Appellant/s
Versus
1. THE STATE OF BIHAR
2. PRABHAWATI DEVI WIFE OF LATE DHURENDRA MANJHI
RESIDENT OF VILLAGE - SANWARI BAKSHIJI, P.S. - JALALPUR,
DISTRICT - SARAN AT CHAPRA
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Dewendra Narayan Singh, Advocate
For the Respondent/s : Mr. Sadanand Paswan, Spl. P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
7 15-07-2025
Learned counsel for the appellants submit that
appellant no. 4, namely, Baikunth Singh @ Baikunth Prasad
Singh has been arrested during the pendency of the present
application, as stated in the supplementary affidavit. As such he
seeks permission to withdraw the application with respect to
appellant no. 4, Baikunth Singh @ Baikunth Prasad Singh.
2. Permission is accorded.
Patna High Court CR. APP (SJ) No.4178 of 2023(7) dt.15-07-2025
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3. Accordingly the application of appellant no. 4,
Baikunth Singh @ Baikunth Prasad Singh stands dismissed as
withdrawn.
4. Heard Mr. Dewendra Narayan Singh, learned
counsel for the appellants and Mr. Sadanand Paswan, learned
Spl.P.P. for the State.
5. Mr. Sadanand Paswan, learned Spl.P.P. for the State
has informed this Court that he has informed the respondent
No.2 about the present case through the Superintendent of
Police, Chapra on 23.06.2025 despite that, no one appears on
behalf of the Respondent No. 2.
6. This is an appeal under Sections 14(A)(2) against
refusal of the prayer for anticipatory bail by order dated
11.07.2023 passed by the learned SC/ST/MP/MLA Judge-cum-
Additional Sessions Judge 3rd, Saran at Chapra in connection
with A.B.P. No. 2330 of 2023 (Jalalpur P.S. Case No. 126 of
2023), F.I.R. dated 07.06.2023 registered under Sections 341,
323, 325, 354, 379, 504 and 34 of the Indian Penal Code and
Sections 3(i)(r)(s)(w) and 3(ii)(va) of the Scheduled Castes/
Scheduled Tribes (Prevention of Atrocities) Act.
7. According to the prosecution case, the informant
alleges that on 05.06.2023, at 3:00 P.M., she along with her
Patna High Court CR. APP (SJ) No.4178 of 2023(7) dt.15-07-2025
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grand-son proceeded to temple to attend a ritual, subsequently,
appellants arrived and assaulted her grand-son, alleging that he
had unlawfully plucked mangoes from their ‘orchard’. The
informant attempted to intervene in order to pacify the situation,
the accused persons allegedly caught hold the informant and
assaulted her. As a result, the informant immediately taken to
Primary Health Centre, Jalalpur and further referred to Sadar
Hospital, Chapra.
8. Learned counsel for the appellants submit that
appellants have falsely been implicated in the present case and
from a bare perusal of F.I.R., it appears that the date of
occurrence as alleged in the F.I.R. is 05.06.2023 but the present
F.I.R. is instituted on 07.06.2023 i.e. after delay of two days
without giving any explanation of the said delay. Apart from that
a bare of perusal of F.I.R., it appears that although appellants are
named in the F.I.R. but 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 these appellants and no offence is made out
under the Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act against the appellants. Further submits that the
appellants have no intention to abuse the respondent no. 2 in any
Patna High Court CR. APP (SJ) No.4178 of 2023(7) dt.15-07-2025
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manner.
9. Learned Special Public Prosecutor for the State, on
the other hand, has vehemently opposed the prayer for bail of
the appellants and submits that the appellant nos. 1 and 2 have
one case other than the present one and appellant no. 3 has clean
antecedent.
10. 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.
11. Considering the aforesaid facts and there is no
specific allegation of any assault or overt act attributed against
the appellants rather there is general and omnibus allegation, let
the appellant nos. 1 to 3, in the 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) with two
surities of the like amount each to the satisfaction of learned
SC/ST/MP/MLA Judge-cum-Additional Sessions Judge 3rd,
Saran at Chapra in connection with A.B.P. No. 2330 of 2023
(Jalalpur P.S. Case No. 126 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
Patna High Court CR. APP (SJ) No.4178 of 2023(7) dt.15-07-2025
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Sanhita, 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
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.
12. Accordingly, the impugned order is set aside and
this appeal stands allowed.
(Rajesh Kumar Verma, J)
Neha/-
U
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