Chandra Shekhar Kumar Vs The State of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1235 of 2025

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Arising Out of PS. Case No.-476 Year-2024 Thana- SHERGHATI District- Gaya

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======================================================

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Chandra Shekhar Kumar S/O Kapildeo Bhagat R/O Village- Nima, P.S - Sherghati, District - Gaya.

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Pramod Kumar S/O Kapildeo Bhagat R/O Village- Nima, P.S - Sherghati, District - Gaya.

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Rajeev Kumar S/O Kapildeo Bhagat R/O Village- Nima, P.S - Sherghati, District - Gaya.

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Kapildeo Bhagat S/O Late Harihar Bhagat R/O Village- Nima, P.S - Sherghati, District - Gaya.

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... ... Appellant/s

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Versus

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The State of Bihar

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Sangeeta Kumari W/O Pappu Paswan R/O Village- Nima, P.S- Sherghati, Dist.- Gaya.

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... ... Respondent/s

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====================================================== Appearance : For the Appellant/s : Mr. Arun Kumar, Advocate For the State : Mr. Sadanand Paswan, Spl. P.P. For the Resp. No.2 : Mr. Vinay Kr. Singh, Advocate ======================================================

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CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER

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4 19-12-2025

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Heard learned counsel for the appellants, learned Spl.P.P. for the State and learned counsel for the respondent no.2.

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This is an appeal under Sections 14(A)(2) against refusal of the prayer for anticipatory bail by order dated 13.02.2025 passed by the learned Court of Exclusive Special Judge, SC/ST Act, Gaya in connection with Sherghati P.S. Case No.476 of 2024, registered under Sections 126(2), 115, 190, 303(2), 74, 308(3) and 352 of the B.N.S and Section 3(1) (r) (s)

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Patna High Court CR. APP (SJ) No.1235 of 2025(4) dt.19-12-2025 2/3

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and 2(2)(va) of the Scheduled Castes and Scheduled Tribes Act.

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The allegation in the F.I.R is that the accused persons being seven in number came variously armed at the house of the informant, hurling caste based abuses and also indulged in assault.

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Learned counsel for the appellant at the outset submits that it would be apparent from the F.I.R itself that the occurrence took place at the door step of the house of the informant and hence, there is no question of any public view and thus, provisions of SC/ST Act would not apply. It is further submitted that dispute essentially relates to Panchayat elections and the informant is the wife of the present Mukhiya who has also lodged a case under the provisions of SC/ST Act against others who have not supported him. The appellants have no criminal antecedent and undertakes to co-operate in case/trial.

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Learned Special Public Prosecutor for the State as also learned counsel for the respondent no.2 have vehemently opposed the prayer for bail of the appellant based upon the allegation made in the F.I.R and the materials collected during course of investigation.

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Since the incident has not taken place in public view, no offence under the provisions of SC/ST Act prima facie

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Patna High Court CR. APP (SJ) No.1235 of 2025(4) dt.19-12-2025 3/3

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appears to be made out against the appellants.

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Taking into consideration the aforesaid facts and circumstances of the case and also considering the fact that appellants and the informant have both election dispute and land dispute and no one has suffered injury in the entire occurrence coupled with the fact that appellants have no criminal antecedent, let the appellants, above named, in the event of their 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 sureties of the like amount each to the satisfaction of learned in Court of Exclusive Special Judge, SC/ST Act, Gaya in connection with Sherghati P.S. Case No.476 of 2024 connection with Mahua P.S. Case No.82 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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Accordingly, the impugned order is set aside and this appeal stands allowed.

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(Soni Shrivastava, J)

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Harsh/- U T

Chandra Shekhar Kumar v. The State of Bihar

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Chandra Shekhar Kumar v. The State of Bihar

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