Patna High Court – Orders
Sanjay Ram @ Sanjay Kumar Nirala vs The State Of Bihar on 26 March, 2025
Author: Prabhat Kumar Singh
Bench: Prabhat Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2382 of 2024
Arising Out of PS. Case No.-268 Year-2023 Thana- KESARIA District- East Champaran
======================================================
Sanjay Ram @ Sanjay Kumar Nirala S/O Jit Lal Ram @ Ramjeet Lal
Resident of Village- Khijirpur, Ward No.-03, P.O-Kesariya, P.S.-Kesriya,
District- East Champaran.
... ... Appellant/s
Versus
1. The State of Bihar
2. Rohit Manjhi S/O Late Parun Manjhi Resident of Village- Khijirpur, Ward
No.-05, P.O-Kesariya, P.S.-Kesriya, District- East Champaran.
... ... Respondent/s
======================================================
Appearance :
For the Appellant : Mr. Shiv Shankar Prasad Yadav, Adv.
For the State : Mrs.Usha Kumari 1, Spl.P.P.
For Respondent no. 2 : Mr. Gopal Govind Mishra, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
6 26-03-2025
Heard learned counsel for the appellant, learned
Special P.P. for of the State and learned counsel, who appears on
behalf of respondent no. 2.
2. This appeal has been filed against the order dated
21.03.2024 passed by learned Special Judge, SC/ST Act, East
Champaran at Motihari in Kesariya P.S. Case No. 268 of 2023,
registered under Sections 341, 323, 324, 307, 504, 506, 34 of
the Indian Penal Code and Section 3(i)(r)(s) of the SC/ST Act,
whereby the prayer for anticipatory bail of appellant has been
rejected.
Patna High Court CR. APP (SJ) No.2382 of 2024(6) dt.26-03-2025
2/3
3. As per prosecution case, this appellant abused and
assaulted informant with belt and also took out Rs. 30,000/-
from his pocket.
4. Learned counsel for the appellant submits that
injury, allegedly caused by appellant, is simple in nature. There
is no allegation of abuse by caste name against this appellant
and appellant himself belongs to SC community and as such, no
case under the SC/ST Act is made out. Rest of the allegation is
ornamental in nature. Similarly situated co-accused Dharmendra
Rai has already been granted anticipatory bail by this Court,
vide order dated 09.05.2024 passed in Cr.Appeal (SJ) No. 4552
of 2023. Appellant claims clean antecedent.
5. Learned Special P.P. and learned counsel for the
informant vehemently opposed the appeal.
6. However, considering the aforesaid facts and
circumstances, the impugned order dated 21.03.2024 is, hereby,
set aside and this criminal appeal is allowed.
7. Let the appellant, as named above, in the event of
arrest or surrender within a period of eight weeks from today, be
released 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 Special Judge, SC/ST Act, East
Patna High Court CR. APP (SJ) No.2382 of 2024(6) dt.26-03-2025
3/3
Champaran at Motihari in connection with Kesariya P.S. Case
No. 268 of 2023.
(Prabhat Kumar Singh, J)
anay
U T
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