Patna High Court – Orders
Vijay Sahni vs The State Of Bihar on 5 August, 2025
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.895 of 2024
Arising Out of PS. Case No.-324 Year-2019 Thana- FATUA District- Patna
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1. Vijay Sahni S/o Bhagwan Sahni Resident of Village Saidpur, P.O and P.S.
Fatwah, District Patna
2. Mangal Kumar @ Mangal Sahni S/o Ganesh Sao @ Binod Sahni Resident
of Village Saidpur, P.O and P.S. Fatwah, District Patna
3. Bishu Sao S/o Antu Sao Resident of Village Saidpur, P.O and P.S. Fatwah,
District Patna
4. Lalan Kumar S/o Ranjeet Sao Resident of Village Saidpur, P.O and P.S.
Fatwah, District Patna
5. Banti Kumar S/o Late Sanjay Sao Resident of Village Saidpur, P.O and P.S.
Fatwah, District Patna
6. Sonu Kumar s/o Ganesh Sao Resident of Village Saidpur, P.O and P.S.
Fatwah, District Patna
... ... Appellant/s
Versus
1. The State of Bihar
2. Surya Kumar S/o Bishwanath Rajak Resident of Village Saidpur, P.O and
P.S. Fatwah, District Patna
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Surendra Kumar Mishra, Advocate
For the State : Mr. Sadanand Paswan, Spl. P.P.
For Respondent No. 2 : Mr. Md. Shadab Alam Wazdi, Advocate
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 05-08-2025
Heard Mr. Surendra Kumar Mishra, learned counsel
for the appellants, Md. Shadab Alam Wazdi, learned counsel for
the respondent No. 2 and Mr. Sadanand Paswan, 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
30.11.2023 passed by the learned Special Judge, SC/ST, Patna
Patna High Court CR. APP (SJ) No.895 of 2024(4) dt.05-08-2025
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in connection with Fatuha P.S. Case No. 324/2019 (ABP No.
9737 of 2023), F.I.R. dated 22.05.2019 registered under
Sections 147, 149, 341, 323, 307, 504 of the Indian Penal Code
and Sections 3(1)(r)(s) of the Scheduled Castes and Scheduled
Tribes Act.
3. According to the prosecution case, appellants are
alleged to have abused the informant by his caste name and
assaulted him, due to which he received injury on his head.
4. Learned counsel for the appellants submits that
appellant Nos. 2 to 6 have clean antecedent and appellant No. 1
carries one more case other than the present case and they have
falsely been implicated in this 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.
From a bare perusal of the FIR, it appear that although the
appellants are named in FIR but there is no specific allegation of
any assault, overt act or abusing by caste name attributed
against these appellants, rather there is general and omnibus
allegations against all the accused persons including these
appellants and the injury is found to be simple in nature.
5. Learned counsel for respondent No. 2 as well as
learned Special Public Prosecutor for the State have
Patna High Court CR. APP (SJ) No.895 of 2024(4) dt.05-08-2025
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vehemently 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, appellant Nos. 2 to
6 have clean antecedent, there is no specific allegation of any
assault, overt act or abusing by caste name attributed against
these appellants as alleged in the FIR, rather there is general and
omnibus allegation and the occurrence took place in the house
of the informant, 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 surities of the like amount each to the
satisfaction of learned Special Judge, SC/ST, Patna in
connection with Fatuha P.S. Case No. 324/2019 (ABP No. 9737
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:-
i. Appellants shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
Patna High Court CR. APP (SJ) No.895 of 2024(4) dt.05-08-2025
4/4and shall remain physically present as directed by the court and
on their absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the appellants 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 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 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.
8. Accordingly, the impugned order is set aside and
this appeal stands allowed.
(Rajesh Kumar Verma, J)
sauravkrsinha/-
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