Patna High Court – Orders
Prabhu Patel 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.1691 of 2024
Arising Out of PS. Case No.-24 Year-2024 Thana- RAMNAGAR District- West Champaran
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1. Prabhu Patel Son of Late Jagmohan Patel Resident of Village- Nepali Tola,
Ward No. 3, Police Station- Ramnagar, Dist.- West Champaran
2. Sanjay Patel Son of Prabhu Patel Resident of Village- Nepali Tola, Ward No.
3, Police Station- Ramnagar, Dist.- West Champaran
3. Urmial Devi Wife of Manohar Patel Resident of Village- Nepali Tola, Ward
No. 3, Police Station- Ramnagar, Dist.- West Champaran
... ... Appellant/s
Versus
1. The State of Bihar Patna
2. Punam Devi Wife of Shambhu Godn Resident of Village- Nepali Tola, Ward
No.3, Police Station- Ramnagar, Dist.- West Champaran
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Sarvesh Kashyap, Advocate
For the State : Mrs. Usha Kumari 1, A.P.P.
For the Resp. No. 2 : Mr. Vijay Kumar Singh No. 1, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
6 15-07-2025
Heard Mr. Sarvesh Kashyap, learned counsel for the
appellants, Mr. Vijay Kumar Singh No. 1, learned counsel for
the respondent no. 2 and Mrs. Usha Kumari 1, learned Spl.P.P.
for the State.
2. Learned counsel for the appellants fairly submits
that during the pendency of this present appeal, the appellant no.
2, namely, Sanjay Patel has been arrested. The present appeal
with respect to appellant no. 2 has become infructuous.
3. Permission is accorded.
4. The present appeal with respect to appellant no. 2 is
Patna High Court CR. APP (SJ) No.1691 of 2024(6) dt.15-07-2025
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dismissed as withdrawn.
5. This is an appeal under Sections 14(A)(2) against
refusal of the prayer for anticipatory bail by order dated
19.02.2024 passed by the learned Additional District and
Sessions Judge-1st-cum-Special Judge (S.C./S.T.), Bettiah, West
Champaran in connection with Ramnagar P.S. Case No. 24 of
2024, F.I.R. dated 15.01.2024 registered under Sections 448,
341, 323, 324, 307, 380, 504 and 506 of the Indian Penal Code
and Section 3(i)(r)(w) of the Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act.
6. According to the prosecution case, the informant
was attacked at her home by her neighbours and the F.I.R.
named accused persons. It is further alleged that the appellant
no. 1, Prabhu Patel, using caste-based slurs allegedly ordered his
elder son to kill her, who then attacked her by means of farsa,
causing head injury. The accused also stole Rs. 6,000/- in case, a
magalsutra worth Rs. 16,000/- and a payal worth Rs. 4,000/-.
The informant mentioned she had borrowed Rs. 20,000/- from
the accused persons but had already repaid Rs. 14,000/-.
7. Learned counsel for the appellants submits that the
appellant no. 2 have clean antecedent and appellant no. 1 has
one case other than present case but he is on bail in the pending
Patna High Court CR. APP (SJ) No.1691 of 2024(6) dt.15-07-2025
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matter. Although the 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 the appellants and a bare perusal of
F.I.R., it appears that the occurrence is alleged to have taken
place in the house of the respondent and the provisions of
S.C./S.T. shall not be attracted against the appellants and no
offence is made out under the Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act against the appellants.
8. Learned counsel for the respondent no. 2 and
learned Special Public Prosecutor for the State, on the other
hand, have vehemently opposed the prayer for bail of the
appellants and submits that the appellants are named in the
F.I.R., apart from that the informant has received injury.
9. 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.
10. Considering the aforesaid facts and there is no
specific allegation against these appellants in the F.I.R., let the
appellant nos. 1 and 3, above named, 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
Patna High Court CR. APP (SJ) No.1691 of 2024(6) dt.15-07-2025
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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 Additional District & Sessions Judge 1st
cum- Special Judge (S.C./S.T.), Bettiah, West Champaran in
connection with Ramnagar P.S. Case No. 24 of 2024 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:-
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
Patna High Court CR. APP (SJ) No.1691 of 2024(6) dt.15-07-2025
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verification.
11. Accordingly, the impugned order is set aside and
this appeal stands allowed.
(Rajesh Kumar Verma, J)
Neha/-
U T
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