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Patna High Court – Orders
Sanjay Kumar @ Sanjay Singh 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.4380 of 2023
Arising Out of PS. Case No.-20 Year-2023 Thana- SC/ST District- Vaishali
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1. SANJAY KUMAR @ SANJAY SINGH SON OF RAVIKANT SINGH
RESIDENT OF VILLAGE - WARISPUR MALA, P.S. - BHAGWANPUR,
DISTRICT - VAISHALI
2. MANISH KUMAR @ KARE SINGH SON OF RAMCHANDRA PRASAD
SINGH RESIDENT OF VILLAGE - WARISPUR MALA, P.S. -
BHAGWANPUR, DISTRICT - VAISHALI
... ... Appellant/s
Versus
1. The State of Bihar
2. LEELA DEVI WIFE OF AMOD RAJAK RESIDENT OF VILLAGE -
ASHATPUR SATPURA, P.S. - BHAGWANPUR, DISTRICT - VAISHALI
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Hemant Kumar, Advocate
For the Respondent/s : Mr. Binay Krishna, Spl. P.P.
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 15-07-2025
Heard Mr. Hemant Kumar, learned counsel for the
appellants and Mr. Binay Krishna, learned Spl.P.P. for the State.
2. Despite valid service of notice upon Respondent
No.2, no one appears on behalf of Respondent No.2.
3. This is an appeal under Sections 14(A)(2) against
refusal of the prayer for anticipatory bail by order dated
08.09.2023 passed by the learned Special Judge-SC/ST, Vaishali
at Hajipur in connection with SC/ST P.S. Case No. 20 of 2023,
F.I.R. dated 16.05.2023 registered under Sections 147, 341, 323,
354(B), 324, 447, 380, 504 and 506 of the Indian Penal Code
and Section 3(1)(r), 3(1)(s)(w) and 3(2)(va) of the Scheduled
Castes and Scheduled Tribes Act.
Patna High Court CR. APP (SJ) No.4380 of 2023(4) dt.15-07-2025
2/4
4. According to the prosecution case, the informant
went to nature’s call and at that time, co-accused, Ramchandra
Singh allegedly pulled and assaulted her. When she raised
alarm, informant’s son came to her and he was also assaulted.
The appellants and co-accused persons verbally abused them
with caste based derogatory remarks. It is further alleged that
accused persons entered the informant’s house and stole
jewellery worth approximately Rs. 2 lakhs.
5. Learned counsel for the appellants submits that the
appellants have clean antecedent and they have falsely been
implicated in the present case. The present case is counterblast
of Goraul P.S. Case No. 194 of 2023 filed by the family
members of the appellants and from a bare perusal of the F.I.R.,
it appears that the date of occurrence as alleged in the F.I.R. is
12.05.2023 after the filing of Goraul P.S. Case No. 194 of 2023
against the informant and family members. Learned counsel for
the appellants further submits that although the appellants are
named in the F.I.R., but from a bare perusal of the F.I.R., it
appears that 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 including other
co-accused persons that they have assaulted the son of the
Patna High Court CR. APP (SJ) No.4380 of 2023(4) dt.15-07-2025
3/4
informant and apart from that they have also abused the
informant by her caste name.
6. Learned Special Public Prosecutor for the State, on
the other hand, has vehemently opposed the prayer for bail of
the appellants and submits that the appellants are named in the
F.I.R., apart from that they have also participated in present
crime in question.
7. 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.
8. Considering the aforesaid facts, appellants have
clean antecedent and there is no specific allegation against them
in the F.I.R., let the appellants, 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 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 Special Judge SC/ST, Vaishali at Hajipur
in connection with SC/ST P.S. Case No. 20 of 2023, 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:-
Patna High Court CR. APP (SJ) No.4380 of 2023(4) dt.15-07-2025
4/4i. 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
shall not be delayed for purpose of or in the name of
verification.
9. Accordingly, the impugned order is set aside and
this appeal stands allowed.
(Rajesh Kumar Verma, J)
Neha/-
U T
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