Patna High Court – Orders
Ravi Raj Mishra vs The State Of Bihar on 17 April, 2025
Author: Chandra Prakash Singh
Bench: Chandra Prakash Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4800 of 2024
Arising Out of PS. Case No.-241 Year-2024 Thana- TEKARI District- Gaya
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Ravi Raj Mishra son of Damodar Mishra Village -Chirauli PS -Tekari District
-Gaya
... ... Appellant/s
Versus
1. The State of Bihar bihar
2. Soni Devi son of Sanjay Manjhi @ Chodhi Manjhi Village -Chirauli PS
-Tekari District -Gaya
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr.Bhaskar Shankar
For the Respondent/s : Mr.Binay Krishna
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CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH
SINGH
ORAL ORDER
3 17-04-2025
Heard learned counsel for the appellant, learned
counsel for the informant 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 Court, Gaya in B.P. No. 2101 of 2024 arising out of
Tekari P.S. Case No. 241 of 2024 dated 05.06.2024 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
Patna High Court CR. APP (SJ) No.4800 of 2024(3) dt.17-04-2025
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Section 27 of the Arms Act and Sections 3(1) (r), 3(1)(s), 3(1)
(w), 3(2) (va) of the 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 Shivendra
Kumar, Damodar Mishra, Bali Ram Mishra, Manoj Kumar,
Ravi Kumar Mishra, Anand Bhardwaj, Alok Bhardwaj @ Tinku
came there armed with lathi, iron rod and gadasa and started
abusing the informant by taking caste name and demolished her
mud wall. On being opposed by the informant’s husband, the
petitioner 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 appellant and the co-accused, Anand Bhardwaj
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
Patna High Court CR. APP (SJ) No.4800 of 2024(3) dt.17-04-2025
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counsel has further submitted that no particular caste name has
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 appellant side also lodged an F.I.R. bearing
Tekari P.S. Case No. 242 of 2024 against the informant. The
appellant has no criminal antecedent as stated at para 3 of the
bail petition. The appellant is in custody since 05.06.2024. The
co-accused has been granted regular bail by this Court vide
order dated 27.03.2025 passed in Cr. APP(SJ). No. 4867 of
2024.
5. Learned Spl. P.P. for the State and learned counsel
for the informant have 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 Court, Gaya in B.P. No. 2101 of 2024 arising out of
Tekari P.S. Case No. 241 of 2024 is set aside against the
appellant. The criminal appeal is allowed.
Patna High Court CR. APP (SJ) No.4800 of 2024(3) dt.17-04-2025
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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 Court, Gaya in B.P. No. 2101 of 2024 arising out
of Tekari P.S. Case No. 241 of 2024.
(Chandra Prakash Singh, J)
shivam/-
U T