Allowed¶27

Atul @ Atul Thakur @ Atul Kumar Thakur v. The State of Bihar

Patna HC1 Nov 2025CR. APP (SJ)/2181/2024

Case brief

AI extract

What is this about?

Anticipatory bail; appeal under Section 14-A(2) SC/ST Act; Patna High Court; Vaishali; Hajipur SC/ST P.S. Case No. 53 of 2023; IPC Sections 341, 323, 354, 307, 447, 385, 504, 506, 34; SC/ST Act Sections 3(i)(r)(w)(i)(ii), 3(ii)(va); six-day unexplained delay in FIR; caste-name abuse; disrobing; Section 482(2) BNSS conditions; bail bond Rs. 5,000; Satyavrat Verma, J.; Exclusive Special Court order set aside; appeal allowed.

What did the court decide?

Anticipatory bail granted to the three appellants: upon arrest or surrender before the learned Court below within six weeks, release on furnishing bail bonds of Rs. 5,000/- each with two sureties of the like amount each, subject to conditions under Section 482(2) BNSS; the Special Court's refusal order dated 19.04.2024 set aside. ¶27

Atul @ Atul Thakur @ Atul Kumar Thakur Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the appellants are entitled to anticipatory bail in connection with Hajipur SC/ST P.S. Case No. 53 of 2023, the Exclusive Special Court S.C./S.T. (POA) Act, Vaishali at Hajipur having refused anticipatory bail by order dated 19.04.2024 in A.B.P. No. 890 of 2024.

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Court's answer

Learned Spl. P.P. for the State and learned counsel for the informant opposed the prayer for anticipatory bail of the appellants but were not in a position to rebut the submission of appellants' counsel that the FIR was instituted after a delay of six days without any plausible explanation.

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Ratio / Principle

The order dated 19.04.2024 in A.B.P. No. 890 of 2024 passed by the learned Exclusive Special Court S.C./S.T. (POA) Act, Vaishali at Hajipur is set aside; the appellants, in the event of their arrest or surrender before the learned Court below within six weeks, are to be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- each with two sureties of the like amount each, subject to the conditions laid down under Section 482(2) of the BNSS.

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Detailed headnote1 paragraphs

Patna High Court, Criminal Appeal (SJ) No. 2181 of 2024, decided 01-11-2025 (Satyavrat Verma, J.). Appeal under Section 14-A(2) of the SC/ST Act, 1989 against refusal of anticipatory bail by order dated 19.04.2024 in A.B.P. No. 890 of 2024 of the Exclusive Special Court, S.C./S.T. (POA) Act, Vaishali at Hajipur, in Hajipur SC/ST P.S. Case No. 53 of 2023 registered under Sections 341, 323, 354, 307, 447, 385, 504, 506 and 34 IPC and Sections 3(i)(r)(w)(i) (ii), 3(ii)(va) SC/ST Act. Occurrence allegedly on 17.11.2023; FIR instituted on 23.11.2023 after a delay of six days without plausible explanation; State and informant's counsel unable to rebut the delay submission. Held: the Special Court's order is set aside; the appellants, if arrested or surrendering within six weeks, to be released on anticipatory bail on bail bonds of Rs. 5,000/- each with two sureties of the like amount each, subject to conditions under Section 482(2) BNSS. Appeal allowed.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2181 of 2024

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Arising Out of PS. Case No.-53 Year-2023 Thana- SC/ST District- Vaishali

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

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ATUL @ ATUL THAKUR @ ATUL KUMAR THAKUR SON OF LATE BIRENDRA THAKUR @ DHIRENDRA KUMAR THAKUR VILLAGERAMPUR BAGHAIL PS- DESARI (SAHDEI BUZURG OP), DISTVAISHALI

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SAHIL KUMAR SINGH @ AVINASH KUMAR SINGH SON OF PINKU SINGH VILLAGE- POHIAR BUZURG, PS- DESARI (SAHDEI BUZURG OP), DIST- VAISHALI

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CHANDAN KUMAR @ CHANDAN MALI SON OF UMESH BHAGAT @ UMESH MALI VILLAGE- POHIAR BUZURG PS- DESARI (SAHDEI BUZURG OP), DIST- VAISHALI

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... ... Appellant/s

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Versus

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The State of Bihar

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RAJENDRA MANJHI SON OF UDAGAR MANJHI VILLAGEALAMPUR (MANJHI TOLA), PS- DESARI (SHAEI BUZURG OP) DISTVAISHALI

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... ... Respondent/s

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====================================================== Appearance : For the Appellant/s : Mr.Ranjeet Kumar For the Respondent/s : Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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3 01-11-2025

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Heard learned counsel for the appellants, learned Spl.

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PP. for the State and learned counsel for the informant.

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2. This is an appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for anticipatory bail vide order dated 19.04.2024 in A.B.P. No. 890 of 2024 passed by the learned Exclusive Special Court S.C./S.T. (POA) Act, Vaishali

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Patna High Court CR. APP (SJ) No.2181 of 2024(3) dt.01-11-2025 2/4

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at Hajipur, in connection with Hajipur SC/ST P.S. Case No. 53 of 2023 registered for the offences punishable under Sections of the Indian Penal Code as well as Sections 341, 323, 354, 307, 447, 385, 504, 506 and 34 of the I.P.C. and Sections 3(i)(r)(w)(i) (ii), 3(ii)(va) of the SC/ST Act.

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3. Learned counsel for the appellants submits that the appellants are persons with clean antecedent and the informant alleges that on 17.11.2023 he along with his sister were coming back from their field when accused persons including the appellants intercepted them and Ankit dashed him on the ground, on protest Ankit, Atul, Sahil and Priyanshu and Chandan abused him by taking caste name and assaulted by fist and slapped, thereafter, Atul and Ankit assaulted by brick causing injury on their face and head and when his sister tried to intervene Atul caught her and dashed her on the road, while Ankit and Sahil disrobed her and threatened of dire consequences.

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4. Learned counsel for the appellants submits that the appellants have been falsely implicated in the instant case by the informant. It is next submitted that the date of occurrence is 17.11.2023 and the FIR came to be instituted on 23.11.2023 i.e. after a delay of six days without any plausible explanation

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Patna High Court CR. APP (SJ) No.2181 of 2024(3) dt.01-11-2025 3/4

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which cast an aspersions on the case of the prosecution. It is also submitted that though it is alleged that informant was abused by his caste name but then allegation of abuse is not specific. It is further submitted that it does not appear probable that all the accused in one go would have abused the informant by taking his caste name. It is also submitted that allegation of dashing the sister of the informant on road has been made only to give seriousness to the case. It is next submitted that it does not appear probable that had the occurrence of the nature as alleged taken place in that event no one would have seen the occurrence when it is being alleged that informant along with his sister were coming back from their field.

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5. Learned Spl. P.P. for the State and the learned counsel appearing on behalf of the informant oppose the prayer for anticipatory bail of the appellants but then are not in a position to rebut the submissions of the learned counsel appearing on behalf of the appellants that FIR was instituted after a delay of six days without any plausible explanation.

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6. In view of the submissions made by the learned counsel for the appellants, the order dated 19.04.2024 in A.B.P. No. 890 of 2024 passed by the learned Exclusive Special Court S.C./S.T. (POA) Act, Vaishali at Hajipur, in connection with

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Patna High Court CR. APP (SJ) No.2181 of 2024(3) dt.01-11-2025 4/4

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Hajipur SC/ST P.S. Case No. 53 of 2023 is hereby set aside and the appellants above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Hajipur SC/ST P.S. Case No. 53 of 2023 subject to the conditions as laid down under Section 482 (2) of the BNSS.

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7. Accordingly the appeal stands allowed.

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(Satyavrat Verma, J)

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Jyoti/-

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U T

Atul @ Atul Thakur @ Atul Kumar Thakur v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Atul @ Atul Thakur @ Atul Kumar Thakur v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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Procedural history

Parties & counsel

Coram

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