Patna High Court – Orders
Prashuram Sah vs The State Of Bihar on 7 August, 2025
Author: Prabhat Kumar Singh
Bench: Prabhat Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.610 of 2024
Arising Out of PS. Case No.-517 Year-2023 Thana- SIKARPUR District- West Champaran
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1. Prashuram Sah son of Bhola Sah Villags- Rampur, Sakraul, ward no 12 P.S -
Shikarpur, District- west champaran.
2. Ratnesh Sah son of Ghanshyam Sah Villags- Rampur, Sakraul, ward no 12
P.S - Shikarpur, District- west champaran.
... ... Appellant/s
Versus
1. The State of Bihar
2. Moter Sah son of Late Shankar Gond Villags- Rampur, Sakraul, ward no 12
P.S - Shikarpur, District- west champaran.
... ... Respondent/s
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Appearance :
For the Appellants : Mr. Ramendra Bharti, Advocate
For the State : Mr. Sadanand Paswan, Spl.PP
For Respondent No. 2 : Mr. Gyan Shankar, Advocate
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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 07-08-2025
Heard learned counsel appearing for the appellants,
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 27.09.2023 passed in a case registered for the offence
punishable under Sections 147, 148, 341, 323, 324, 307, 354,
379, 504 and 506 of the Indian Penal Code and Sections 3(i)(r)
(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, whereby the prayer for
anticipatory bail of these appellants has been rejected.
3. As per prosecution case, on the alleged date and
Patna High Court CR. APP (SJ) No.610 of 2024(4) dt.07-08-2025
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time of occurrence, all the F.I.R. named accused persons,
including these two appellants, armed with weapons, assaulted
informant and his family members and also abused them by
caste name. It is alleged that Appellant No. 1 assaulted on the
hand of nephew of informant with iron rod and Appellant Nos. 1
and 2 assaulted son of informant with lathi.
4. It is submitted by learned counsel appearing on
behalf of the appellants that appellants are quite innocent and
have committed no offence. As a matter of fact, the present case
is only counter-blast of Shikarpur P.S. Case No. 507 of 2023
which was lodged by co-accused Ghanshyam Sah against
informant and others and only with a view to save their skin
from the aforesaid case, this false and concocted case has been
lodged. As per prosecution case, the alleged occurrence took
place on 07.06.2023 but the present F.I.R. has been lodged after
inordinate delay of 15 days on 22.06.2023 and there is no
plausible explanation for the same which itself makes the entire
prosecution case doubtful. Doctor has found the injuries,
allegedly caused by Appellant No. 2, 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
Patna High Court CR. APP (SJ) No.610 of 2024(4) dt.07-08-2025
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Atrocities) Act is made out against these appellants. Appellants
claim clean antecedents.
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 and submitted that appellants are named in the F.I.R.
with specific accusation that they abused informant and his
family members by caste slurs and also assaulted them. It is
incorrect to submit that the F.I.R. has been lodged after
inordinate delay of 15 days. As a matter of fact, date of
occurrence is 07.06.2023 and the fard beyan was given on
10.06.2023. Doctor has found the injuries allegedly caused by
Appellant No. 1 grievous in nature.
6. Considering the facts and circumstances of the
case, specific and direct nature of accusation and nature of
injuries sustained by the injured, prayer for grant of anticipatory
bail to Appellant No. 1 is dismissed.
7. So far as Appellant No. 2 is concerned, considering
the facts and circumstances of the case, nature of injuries
allegedly caused by this appellant and clean antecedents of the
appellant, this appeal with respect to Appellant No. 2 is allowed
and the impugned order dated 27.09.2023 passed by the learned
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Additional District and Sessions Judge 1st-cum-Special Judge
(SC/ST Act), Bettiah, West Champaran in connection with
A.B.P. No. 2692 of 2023 arising out of Shikarpur P.S. Case No.
517 of 2023 is hereby set aside with respect to Appellant No. 2
only.
8. Accordingly, let the Appellant No. 2, 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 Additional District and Sessions Judge
1st-cum-Special Judge (SC/ST Act), Bettiah, West Champaran in
connection with Shikarpur P.S. Case No. 517 of 2023.
9. With the aforesaid directions, this appeal stands
disposed of.
(Prabhat Kumar Singh, J)
shashank/-
U T