Patna High Court – Orders
Damodar Mishra vs The State Of Bihar on 6 February, 2025
Author: Chandra Prakash Singh
Bench: Chandra Prakash Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4592 of 2024
Arising Out of PS. Case No.-241 Year-2024 Thana- TEKARI District- Gaya
======================================================
Damodar Mishra Son of Late Ramawatar Mishra R/o Vill.- Chirauli, P.S.-
Tekari, Dist.- Gaya.
... ... Appellant/s
Versus
1. The State of Bihar
2. Soni Devi Wife of Sanjay Manjhi @ Chodhi Manjhi R/o Vill.- Chirauli, P.S.-
Tekari, Dist.- Gaya.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Bhaskar Shankar, Adv
For the Respondent/s : Mr. Binay Krishna, Spcl PP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH
SINGH
ORAL ORDER
4 06-02-2025
Heard learned counsel for the appellant and learned
Special Public Prosecutor for the State.
2. This is an appeal under Section 14(A)(2) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, (hereinafter in short referred to as the SC/ST
Act) against the refusal of prayer of bail vide order dated
06.08.2024 passed by the learned Exclusive Special Judge,
SC/ST Act, Gaya in B.P. No. 2100 of 2024 arising out of Tekari
P.S. Case No. 241 of 2024 registered for the offence/s
punishable u/s 307, 354, 341, 323, 324, 325, 326, 504, 506, 147,
148, 149 of the Indian Penal Code and Section 27 of the Arms
Act and Sections 3(1) (r), 3(1) (s), 3(1) (w), 3(2) (va) of the
Patna High Court CR. APP (SJ) No.4592 of 2024(4) dt.06-02-2025
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SC/ST Act.
3. As per the prosecution case, on 05.06.2024 at about
6 A.M., the informant was repairing mud wall of his house in
the meantime, the appellant and the co-accused Sivendra
Kumar, Baliram Mishra, Ravi Raj Bhardwaj, Anand Bhardwaj,
Alok Bhardwaj came there armed with lathi, iron rod and
garasa and started abusing the informant by caste indicative
words and demolished her mud wall. On being opposed by the
informant’s husband, the co-accused Ravi Raj Mishra caught
hold of the informant’s hair and dashed her on the ground and
started assaulting her with lathi and iron rod. When the
informant’s husband tried to rescue his wife then the co-accused
Alok Bhardwaj started assaulting him with lathi and gadasa due
to which his hand got brutally injured. It is further alleged that
the co-accused Anand Bhardwaj and Ravi Raj Mishra started
firing on them with pistol and threatened to kill the informant
and their family members.
4. Learned counsel for the appellant has submitted
that the appellant has falsely been implicated in this case due to
ulterior motive. As per the FIR, no member of the public was
present at the relevant point of time of the incident. Learned
counsel has further submitted that no particular caste name has
Patna High Court CR. APP (SJ) No.4592 of 2024(4) dt.06-02-2025
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been called by the appellant hence no case is made out under
section SC/ST Act. There is land dispute in between both the
parties. The specific allegation of assault to Sanjay Manjhi has
been attributed to the co-accused Alok Bhardwaj @ Tinku. Both
sides have got injured. There is case and counter case between
the parties and the petitioner side also lodged an F.I.R. bearing
Tekari P.S. Case No. 242 of 2024 against the informant. The
appellant has clean criminal antecedent as stated at para 3 of the
bail petition. The appellant is in custody since 05.06.2024.
5. Learned Spl. P.P. for the State has vehemently
opposed the prayer of bail.
6. In view of the aforesaid facts and circumstances of
the case as well as finding substance in the contention of the
learned counsel for the appellant, the impugned order dated
06.08.2024 passed by the learned Exclusive Special Judge,
SC/ST Act, Gaya in B.P. No. 2100 of 2024 arising out of Tekari
P.S. Case No. 241 of 2024 is set aside against the appellant. The
criminal appeal is allowed.
7. Accordingly, the above named appellant, is directed
to be enlarged on bail on furnishing bail bond of Rs. 20,000/-
(Rupees Twenty thousand) with two sureties of the like amount
each to the satisfaction of the learned Exclusive Special Judge,
SC/ST Act, Gaya in B.P. No. 2100 of 2024 arising out of Tekari
Patna High Court CR. APP (SJ) No.4592 of 2024(4) dt.06-02-2025
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P.S. Case No. 241 of 2024.
8. Accordingly, the appeal stands allowed.
(Chandra Prakash Singh, J)
Jyoti/-
U T
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