Subhash Sah @ Subhash Kumar vs The State Of Bihar on 22 April, 2025

Patna High Court – Orders

Subhash Sah @ Subhash Kumar vs The State Of Bihar on 22 April, 2025

Author: Rajesh Kumar Verma

Bench: Rajesh Kumar Verma

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.1960 of 2023
                  Arising Out of PS. Case No.-192 Year-2022 Thana- PAHARPUR District- East Champaran
                 ======================================================
                 Subhash Sah @ Subhash Kumar Son of Batkhar Sah Resident of Village -
                 Panditpur, Police Station - Paharpur, District - East Champaran.

                                                                                  ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Santosh Ram Son of Sivdayal Ram Resident of Village - Panditpur, Police
                 Station - Paharpur, District - East Champaran.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Anil Kumar, Advocate
                 For the Respondent/s    :        Ms. Usha Kumari 1, Spl.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

7   22-04-2025

Heard Mr. Anil Kumar, learned counsel for the

appellant and Ms. Usha Kumari No. 1, learned Special Public

Prosecutor for the State.

2. Despite of valid service of notice upon respondent

no. 2, no one appeared on behalf of the respondent no. 2.

3. This is an appeal under Sections 14(A)(2) against

refusal of the prayer for anticipatory bail by order dated

02.09.2022 passed by the learned Special Judge, SC/ST Act,

Motihari, East Champaran in ABP No. 2564 of 2022 in

connection with Paharipur P.S. Case No. 192 of 2022, F.I.R.

dated 03.06.2022 registered under Sections 341, 323, 379, 504,

506 and 34 of the Indian Penal Code and Sections 3 (i) (r) (s) of
Patna High Court CR. APP (SJ) No.1960 of 2023(7) dt.22-04-2025
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the Scheduled Castes and Scheduled Tribes Act.

4. According to the prosecution case, the informant

along with his father was going on motorcycle, then all accused

persons including this appellant stopped the motorcycle of the

informant and also abused them by taking their caste name.

5. Learned counsel for the appellant submits that

appellant has clean antecedent and he has falsely been

implicated in the present case. He further submits that the

allegation as alleged in the F.I.R. is false and fabricated and the

appellant has not committed any offences as alleged in the F.I.R.

It appears that the F.I.R. instituted afterthought only to falsely

implicated the appellant. Apart from that from the perusal of the

F.I.R., it appears that the date of occurrence is 11.05.2022 but

the present F.I.R has been instituted on 03.06.2022 i.e., after

delay of more than twenty two days without giving any

explanation of the said delay. Apart from that it appears that

there is no specific allegation of assault or over act attributed

against this appellant rather there is general and omnibus

allegation against all the accused persons including this

appellant and apart from that co-accused, namely, Bhola Yadav

@ Bhola Kumar Yadav, Sanjay Yadav and Ram Milan Kumar @

Bhadai Yadav have been granted anticipatory bail vide order
Patna High Court CR. APP (SJ) No.1960 of 2023(7) dt.22-04-2025
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dated 02.03.2023 in Cr. Appeal (SJ) No. 3868 of 2022 and other

co-accused person, namely, Ramayan Sah has been granted bail

vide order dated 12.07.2023 in Cr. Appeal (SJ) No. 991 of 2023

by Co-ordinate Bench of this Court.

6. Learned counsel appearing on behalf of the State

has vehemently opposed the prayer for bail of the appellant.

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. Hence, consider the aforesaid facts that the

appellant is having clean antecedent and there is no specific

allegation of any assault or over act, let the appellant, above

named, in the event of his arrest to 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

Act, Motihari, East Champaran in connection with Paharipur

P.S. Case No. 192 of 2022, 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:-

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i. Appellant 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 appellant tampers 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 appellant and in case at

any stage it is found that the appellant has 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.

9. Accordingly, the impugned order is set aside and

this appeal stands allowed.

(Rajesh Kumar Verma, J.)
Jyoti Kumari/-

U      T