Allowed¶25

Mukesh Sah @ Mukesh Kumar v. the State of Bihar

Patna HC1 Nov 2025CR. APP (SJ)/2221/2024

Case brief

AI extract

What is this about?

Patna High Court; Criminal Appeal (SJ) 2221 of 2024; Justice Satyavrat Verma; 01-11-2025; anticipatory bail; Section 14-A(2) SC/ST Act 1989 appeal; set aside refusal order 04.04.2024 ABP 533/2024 Exclusive Special Court SC/ST POA Begusarai; Bakhari PS Case 62/2024; Sections 341 323 354 504 506 IPC; Sections 3(i)(r)(s) SC/ST Act; Section 482(2) BNSS conditions; bail bonds Rs. 5,000 two sureties; caste-name abuse; false implication; loan dispute Rs. 80,000; Bakhari PS Case 140/2022; respondent no. 2 notice served non-appearance.

What did the court decide?

Anticipatory bail to the appellant upon arrest or surrender before the learned court below within six weeks, on bail bonds of Rs. 5,000/- with two sureties of the like amount each, subject to the conditions under Section 482(2) BNSS. ¶25

Mukesh Sah @ Mukesh Kumar Vs the State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

¶25

Issue for consideration

Whether the order dated 04.04.2024 in A.B.P. No. 533 of 2024 refusing anticipatory bail to the appellant in connection with Bakhari P.S. Case No. 62 of 2024 should be set aside and the appellant released on anticipatory bail. +1 more

¶14

Court's answer

The order dated 04.04.2024 in A.B.P. No. 533 of 2024 passed by the Exclusive Special Court S.C./S.T. (POA) Act, Begusarai refusing anticipatory bail in connection with Bakhari P.S. Case No. 62 of 2024 is hereby set aside, and on arrest or surrender before the learned Court below within six weeks the appellant is to be released on anticipatory bail.

¶21

Ratio / Principle

Release is ordered on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each, to the satisfaction of the learned court below where the case is pending/successor court.

¶21

Key takeaways

The anticipatory bail is made subject to the conditions laid down under Section 482 (2) of the BNSS.ratio¶23

Detailed headnote1 paragraphs

Criminal Appeal (SJ) No. 2221 of 2024, High Court of Judicature at Patna, decided 01-11-2025 before Hon'ble Mr. Justice Satyavrat Verma (oral order). Appeal under Section 14-A(2) of the SC/ST Act, 1989 by Mukesh Sah @ Mukesh Kumar against the refusal of anticipatory bail by order dated 04.04.2024 in A.B.P. No. 533 of 2024 of the Exclusive Special Court S.C./S.T. (POA) Act, Begusarai, arising from Bakhari P.S. Case No. 62 of 2024 registered under Sections 341, 323, 354, 504, 506 IPC and Sections 3(i)(r)(s) SC/ST Act. Respondent no. 2 (complainant Lalita Devi) was served ordinary and registered post notices (office report dated 27.09.2024) but did not appear. Counsel for the appellant pleaded false implication, absence of independent witnesses to the first part of the occurrence, non-public setting of the second part, and a backdrop of an unreturned Rs. 80,000/- loan following which the complainant's daughter had earlier instituted Bakhari P.S. Case No. 140 of 2022; Spl. P.P. opposed. Holding the submissions in view, the Court set aside the refusal order, directed release on anticipatory bail on arrest or surrender within six weeks on bonds of Rs. 5,000/- with two sureties of the like amount, subject to Section 482(2) BNSS conditions, and allowed the appeal.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2221 of 2024

¶2

Arising Out of PS. Case No.-62 Year-2024 Thana- BAKHARI District- Begusarai

¶3

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

¶4

MUKESH SAH @ MUKESH KUMAR SON OF MOHAN SAH RESIDENT OF VILLAGE - WARD NO. 05, NAGAR PARISHAD, BAKHARI, SAULANA, P.S. - BAKHARI, DISTRICT - BEGUSARAI

¶5

... ... Appellant/s

¶6

Versus

¶7

THE STATE OF BIHAR BIHAR

¶8

LALITA DEVI WIFE OF LATE MANOJ PASWAN RESIDENT OF VILLAGE - WARD NO. 05, NAGAR PARISHAD, BAKHARI, SAULANA, P.S. - BAKHARI, DISTRICT - BEGUSARAI

¶9

... ... Respondent/s

¶10

====================================================== Appearance : For the Appellant/s : Mr. Pritish Kumar Lal, Adv For the Respondent/s : Mr. Usha Kumari 1, Spl. P.P. ======================================================

¶11

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

¶12

3 01-11-2025 Heard learned counsel for the appellant and learned

¶13

Spl. PP. for the State.

¶14

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 04.04.2024 in A.B.P. No. 533 of 2024 passed by the learned Exclusive Special Court S.C./S.T. (POA) Act, Begusarai, in connection with Bakhari P.S. Case No. 62 of 2024 registered for the offences punishable under Sections of the Indian Penal Code as well as Sections 341, 323, 354, 504 and 506 of the I.P.C. and Sections 3(i)(r)(s) of the SC/ST Act.

¶15

Patna High Court CR. APP (SJ) No.2221 of 2024(3) dt.01-11-2025 2/4

¶16

3. Learned counsel for the appellant submits that the case was taken up on 20.06.2024 when notices were issued on respondent no. 2. It is next submitted that from perusal of the office report dated 27.09.2024 it would manifest that both ordinary and registered post notice have been served on the respondent no. 2. It is next submitted that respondent no. 2 despite receiving notice chooses not to appear. It is further submitted that appellant has antecedent of one case and the informant alleges that appellant intercepted her and her son while they were coming back home and abused them by taking caste name and also assaulted them, thereafter, they came back home, when appellant also came and started abusing and assaulting her and when her son protested he was also assaulted.

¶17

4. Learned counsel for the appellant submits that the appellants have been falsely implicated in the instant case by the informant. It is next submitted that allegations are in two parts first when informant along with her son were coming back to home they were intercepted by the appellant who assaulted and abused them and thereafter again when they came back home the appellant followed and committed the same occurrence but then the FIR does not even remotely suggest that the first part of the occurrence was witnessed by any independent witnesses and

¶18

Patna High Court CR. APP (SJ) No.2221 of 2024(3) dt.01-11-2025 3/4

¶19

the second part of the occurrence was not committed in the public place. It is also submitted that specific averment has been made at paragraph no. 7 of the appeal that husband of the informant was suffering from cancer for which informant had taken loan of Rs. 80,000/- but her husband died and when the amount was not being returned on asking of the appellant, the informant got a false case instituted by her daughter being Bakhari P.S. Case No. 140 of 2022 as pleaded at paragraph no. 3 of the appeal and thereafter the instant case came to be instituted

¶20

5. Learned Spl. P.P. for the State opposes the prayer for anticipatory bail of the appellant.

¶21

6. In view of the submissions made by the learned counsel for the appellant, the order dated 04.04.2024 in A.B.P. No. 533 of 2024 passed by the learned Exclusive Special Court S.C./S.T. (POA) Act, Begusarai, in connection with Bakhari P.S. Case No. 62 of 2024 is hereby set aside and the appellant abovenamed, in the event of his 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) 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 Bakhari

¶22

Patna High Court CR. APP (SJ) No.2221 of 2024(3) dt.01-11-2025 4/4

¶23

P.S. Case No. 62 of 2024 subject to the conditions as laid down

¶24

under Section 482 (2) of the BNSS.

¶25

7. Accordingly the appeal stands allowed.

¶26

(Satyavrat Verma, J)

¶27

Jyoti/-