Patna High Court – Orders
Shola Singh @ Rajendra Singh vs The State Of Bihar on 29 July, 2025
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.727 of 2024
Arising Out of PS. Case No.-438 Year-2023 Thana- SIWAN MUFFASIL District- Siwan
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1. Shola singh @ Rajendra Singh Son of Chhathu singh R/o village- Mardapur,
P.s.- siwan Muffasil, Dist.- siwan
2. Nite Devi @ Nitu Devi Wife of Shola singh @ Rajendra Singh R/o village-
Mardapur, P.s.- siwan Muffasil, Dist.- siwan
... ... Appellant/s
Versus
1. The State of Bihar Patna
2. Ragini Kumari wife of Rajan Kumar Majhi R/o village- Hajiyapur, P.S.-
Gopalganj, Dist.- Gopalganj, A.P.- R/o Nayi Basti, Mahadeva, P.s.- Siwan
Muffasil, Dist.- Siwan
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Ajay Kumar Pandey, Advocate
For the Respondent/s : Mr. Prashant Kumar, Advocate
For the State : Mr. Binay Krishna, Spl. P.P.
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 29-07-2025
Heard Mr. Ajay Kumar Pandey, learned counsel for
the appellants, Mr. Prashant Kumar, learned counsel for the
informant Mr. Binay Krishna, learned Spl.P.P. for the State.
2. This is an appeal under Sections 14(A)(2) against
refusal of the prayer for anticipatory bail by order dated
23.11.2023 passed by the learned Court of Additional Sessions
Judge-1st-cum Special Judge, Siwan, in connection with Siwan
Muffasil P.S. Case No.438 of 2023, F.I.R. dated 07.08.2023
registered under Sections 341, 323, 379, 504, 506/34 of the
Indian Penal Code and Sections 3(1) (r) (s) of the Scheduled
Patna High Court CR. APP (SJ) No.727 of 2024(3) dt.29-07-2025
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Castes and Scheduled Tribes Act.
3. According to the prosecution case, the informant
alleged that on 19/07/2023 at around 11 A.M., while she was
doing construction work on her land, the accused persons
arrived with weapons, abused, and assaulted her and her
laborers. Co-accused Sola @ Rajendra Singh took the hand
pump handle, while Mister Miyan stole Rs.20,000/- from the
informant’s blouse and threatened her.
4. Learned counsel for the appellants submits that the
appellants have clean antecedent and they have falsely been
implicated in the present case. 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, overt
act or abusing by caste name attributed against the appellants
rather there is general and omnibus allegation against all the
accused persons, including these appellants and similarly
situated co-accused persons, namely, Shankar Dayal Singh and
Others have been granted the privilege of anticipatory bail
passed by a Co-ordinate Bench of this Hon’ble Court vide order
dated 22.07.2025 in Cr. Appeal (SJ). No.660 of 2024.
5. Learned Special Public Prosecutor for the State as
well as learned counsel for the informant have vehemently
Patna High Court CR. APP (SJ) No.727 of 2024(3) dt.29-07-2025
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opposed the prayer for bail of the appellants.
6. 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.
7. Considering the aforesaid facts and circumstances,
the appellants have clean antecedent, there is no specific
allegation of any assault, overt act or abuse by caste name
attributed against the appellants rather there is general and
omnibus allegation against all the accused persons, including
these appellants and similarly co-accused persons, namely,
Shankar Dayal Singh and Others have been granted the
privilege of anticipatory bail by a Co-ordinate Bench of this
Hon’ble Court, 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) each with two sureties of the like amount each to the
satisfaction of learned Court of Additional Sessions Judge-1 st-
cum Special Judge, Siwan, in connection with Siwan Muffasil
P.S. Case No.438 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
Patna High Court CR. APP (SJ) No.727 of 2024(3) dt.29-07-2025
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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 his absence on two consecutive dates without sufficient
reason, his 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 his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the appellant. 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.
8. Accordingly, the impugned order is set aside and
this appeal stands allowed.
(Rajesh Kumar Verma, J)
sharun/-
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