Patna High Court – Orders
Gagan Kumar @ Gagan vs The State Of Bihar on 14 August, 2025
Author: Prabhat Kumar Singh
Bench: Prabhat Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1555 of 2024
Arising Out of PS. Case No.-920 Year-2023 Thana- RUPASPUR District- Patna
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Gagan Kumar @ Gagan son of Raja Ram Bind R/o- Sawari Nagar Danapur
Ps- Rupaspur Dist- Patna
... ... Appellant/s
Versus
1. The State of Bihar
2. Rajesh Kumar son of Late Rajendra Prasad Village- Haridas Pur Nagar Ps-
Rupaspur Dist- Patna
... ... Respondent/s
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Appearance :
For the Appellant : Mr. Madhukar Mohan, Advocate
For the State : Mr. Sadanand Paswan, Spl.P.P.
For the Informant : Mr. Shivendra Kumar Roy, Advocate
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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 14-08-2025
Heard learned counsel appearing for the appellant,
learned Spl.P.P. appearing on behalf of the State and learned
counsel appearing on behalf of the informant/Respondent No. 2.
2. This appeal has been filed for setting aside order
dated 13.02.2024 passed in a case registered for the offence
punishable under Sections 341, 323, 324, 506, 504 and 34 of the
Indian Penal Code and Sections 3(1)(r)(s) and 3(2)(va) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, whereby the prayer for anticipatory bail of the
appellant has been rejected.
3. The prosecution case, in brief, is that on
14.11.2023, this appellant, along with three unknown persons,
Patna High Court CR. APP (SJ) No.1555 of 2024(5) dt.14-08-2025
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forcibly entered into house of informant and started assaulting
wife of informant with butt of pistol as a result of which she
sustained injuries. It is further alleged that all the accused
persons abused wife of informant with caste name and
threatened to kill.
4. It is submitted by learned counsel appearing on
behalf of the appellant that appellant is quite innocent and has
committed no offence. As a matter of fact, informant had
borrowed Rs. 2,45,000/- from this appellant and when he
demanded his money back, this false and concocted case has
been lodged. Doctor has found the injuries, sustained by the
injured, simple in nature. It is not the case of the prosecution
that any member of public was present at the place of
occurrence and as such, no case under the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act is made out
against the appellant.
5. On the other hand, learned Spl.P.P. appearing on
behalf of the State and learned counsel appearing on behalf of
the informant/Respondent No. 2 have vehemently opposed this
appeal.
6. Considering the facts and circumstances of the case
Patna High Court CR. APP (SJ) No.1555 of 2024(5) dt.14-08-2025
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and nature of injuries sustained by the injured, this appeal is
allowed and the impugned order dated 13.02.2024 passed by the
learned Exclusive Special Judge, S.C./S.T., Patna in connection
with A.B.P. No. 481 of 2024 arising out of Rupaspur P.S. Case
No. 920 of 2023 is hereby set aside with respect to this appellant
only.
7. Accordingly, let the appellant, named above, in the
event of arrest/surrender within a period of eight weeks from the
date of receipt/production of a copy of this order, be enlarged on
bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with
two sureties of the like amount each to the satisfaction of
learned Exclusive Special Judge, S.C./S.T., Patna in connection
with Rupaspur P.S. Case No. 920 of 2023.
(Prabhat Kumar Singh, J)
shashank/-
U T