Patna High Court – Orders
Prabhat Kumar vs The State Of Bihar on 8 July, 2025
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3951 of 2023
Arising Out of PS. Case No.-157 Year-2023 Thana- PALIGANJ District- Patna
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Prabhat Kumar S/O Birendra Sharma Village- Kurkuri, Ps- Paliganj, Dist-
Patna
... ... Appellant/s
Versus
1. The State of Bihar
2. Sudhanshu Shekhar Son Of Suresh Paswan R/O Village- Nagar Panchayat,
Paliganj, Ps- Paliganj, Dist- Patna. At Present Posted As Amin At Nagar
Panchayat, Paliganj (PATNA)
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Saurav Kumar Suman, Advocate
For the Respondent/s : Mrs. Usha Kumari 1, Spl. P.P.
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
5 08-07-2025
Heard Mr. Saurav Kumar Suman, learned counsel
for the appellant as well as Mrs. Usha Kumari-1, learned Special
Public Prosecutor for the State.
2. Learned counsel for the State has informed this
Court that she has informed the Respondent No. 2 about the
present case but despite of that no one appears on behalf of
Respondent No. 2.
3. This is an appeal under Sections 14(A)(2) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, against refusal of the prayer for anticipatory bail
by order dated 04.07.2023 in A.B.P. No. 3498 of 2023 passed by
the learned I/C Special Judge, SC/ST, Patna in connection with
Patna High Court CR. APP (SJ) No.3951 of 2023(5) dt.08-07-2025
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Paliganj P.S. Case No. 157 of 2023 registered under Sections
341, 323, 504, 34 of the Indian Penal Code and Sections 3(i) (r)
(s) of SC/ST (Prevention of Atrocities) Act.
4. Allegation against the appellant is that he assaulted
the informant by means of iron rod due to which he sustained
injury and he has abused by saying his caste name.
5. Learned counsel for the appellant submits that the
appellant has clean antecedent and he has been falsely
implicated in the present case. He further submits that the
allegation as alleged in the F.I.R. is false and fabricated and the
appellant has not committed any offence as alleged in the F.I.R.
There is case and counter case between the parties. From
perusal of the F.I.R. it appears that although the appellant is
named in the F.I.R. but there is no specific allegation against the
appellant that he has abused the informant by saying his caste
name and apart from that as per allegation in the F.I.R. the
appellant has assaulted to the informant by means of iron rod
and the informant has received injury but the injury inflicted
upon the informant is simple in nature.
6. Learned Special Public Prosecutor for the State has
vehemently opposed the prayer for anticipatory bail of the
appellant.
Patna High Court CR. APP (SJ) No.3951 of 2023(5) dt.08-07-2025
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7. After hearing the parties, in my view for the
purpose of this anticipatory bail, no offence under the provisions
of Scheduled Casts and Scheduled Tribes Act is made out.
8. Considering the aforesaid facts and the fact that the
appellant having clean antecedent and injury inflicted upon the
informant is simple in nature and the appellant has not abused
the informant by his caste name, let the appellant, above named,
in the event of his 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 sureties of the like
amount each to the satisfaction of learned I/C Special Judge,
SC/St Act, Patna in connection with Paliganj P.S. Case No. 157
of 2023, subject to the conditions as laid down under Section
438(2) of the Code of Criminal Procedure/ Section 482(2) of
BNSS, 2023 along with other following conditions :-
(1) Appellant 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 his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the appellant tampers with the evidence or the
Patna High Court CR. APP (SJ) No.3951 of 2023(5) dt.08-07-2025
4/4witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the appellant and in case at any
stage, it is found that the appellant has concealed his criminal
antecedent, the court below shall take step for cancellation of
bail bond of the appellant. 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.
9. Accordingly, the impugned order dated 04.07.2023
is set aside and this appeal stands allowed.
(Rajesh Kumar Verma, J)
Ibrar//-
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