Shambhu Sah Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Shambhu Sah Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Impugned order set aside; appellants directed to be enlarged on anticipatory bail in the event of arrest/surrender within eight weeks, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each, to the satisfaction of the learned Special Judge, SC/ST Act, Muzaffarpur, in connection with Maniyari Police Station Case No. 225 of 2023.

Issue for consideration

Whether the order dated 06.04.2024 rejecting the appellants' prayer for anticipatory bail should be set aside. +2 more

Court's answer

Considering the aforesaid facts, the appeal is allowed and the impugned order dated 06.04.2024 rejecting anticipatory bail is set aside.

Ratio / Principle

The appellants, in the event of arrest or surrender within eight weeks of receipt/production of a copy of the order, are to be enlarged on bail on furnishing a bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each, to the satisfaction of the learned Special Judge, SC/ST Act, Muzaffarpur, in connection with Maniyari Police Station Case No. 225 of 2023.

Detailed headnote1 paragraphs

Anticipatory bail secured — appeal allowed, order dated 06.04.2024 rejecting anticipatory bail set aside (Patna High Court, Criminal Appeal (SJ) No. 232 of 2024, Prabhat Kumar Singh, J., 12-11-2025). Arising out of Maniyari PS Case No. 225 of 2023, Muzaffarpur, registered for offences punishable under sections 323, 324, 379, 504, 506, 354(B) and 34 IPC and sections 3(i)(r), (s) of the Scheduled Castes and Scheduled Tribes Act. Per the F.I.R., co-accused Amarnath assaulted the informant with an iron rod; appellant No. 1 and co-accused Golu Kumar thrashed her down and disrobed her; appellant No. 2 snatched her 'Jitiya'; all accused thereafter abused her by caste name. Appellants pleaded that the case arose from a petty quarrel between close-door neighbours, that allegations were general and omnibus and partly ornamental, that no material showed a caste-motivated offence under the SC/ST Act, and claimed clean antecedents. Considering these facts, the Court allowed the appeal, set aside the impugned order, and directed that the appellants, if arrested or surrendering within eight weeks, be enlarged on bail on a bond of Rs. 10,000/- each with two sureties of like amount, to the satisfaction of the Special Judge, SC/ST Act, Muzaffarpur.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.232 of 2024

Arising Out of PS. Case No.-225 Year-2023 Thana- MANIYARI District- Muzaffarpur

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1 . SHAMBHU SAH S/O LAKHAN SAH R/O VILLAGE- MURAUL, P.SMANIYARI, DISTT.- MUZAFFARPUR.

RAHUL KUMAR @ RAHUL KUMAR SAH S/O SHAMBHU SAH R/O VILLAGE- MURAUL, P.S- MANIYARI, DISTT.- MUZAFFARPUR.

... ... Appellant/s

Versus

1 . The State of Bihar

VIMAL DEVI W/O LATE LAXMI RAM R/O VILLAGE- RAM CHANDRA, P.S- MANIYARI, DISTT.- MUZAFFARPUR.

... ... Respondent/s

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Appearance :

For the Appellant/s : Mr. Alok Kumar Alok, Advocate For the Respondent/s : Mr. Sadanand Paswan, Spl. PP For informant : Mr. Ranjeet Kumar , Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH

ORAL ORDER

4 12-11-2025

Heard learned counsel for the parties.

This appeal has been filed for setting aside order dated 06.04.2024 passed in a case registered for the offence punishable under sections 323 , 324, 379, 504, 506, 354 ( B ) and 34 of the Indian Penal Code and sections 3(i )(r), (s) and of the Scheduled Castes and Scheduled Tribes Act, whereby the prayer for anticipatory bail of the appellant has been rejected.

3 . As per F.I.R. co-accused Amarnath assaulted informant by means of iron rod due to which she sustianed injury . It is further alleged that appellant No. 1 and co-accused

Patna High Court CR. APP (SJ) No.232 of 2024(4) dt.12-11-2025 2/3

Golu Kumar thrashed informant down on the ground and disrobed her. Appellant No. 2 snatched Jitiya from neck of informant and thereafter, all the accused persons abused informant by caste name .

It is submitted on behalf of appellants that both the parties are close door neighbour and due to petty dispute a simple quarrel took place between them and taking advantage of the situation , this false and concocted case has been lodged. Allegation is general and omnibus against these appellants. There is no material to suggest that the offence was committed only on the ground that informant belongs to Schedule castes or Schedule tribes and as such, no case under SC/ST Act is made out. Rest of the allegations are ornamental in nature to make the case grave . Appellants claim clean antecedent.

5 . Learned special public prosecutor for the State as well as opposed the bail.

Considering the aforesaid facts, this appeal is allowed and the impugned order is set aside. Let the appellants, named above, in the event of arrest/surrender within a period of eight weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like

Patna High Court CR. APP (SJ) No.232 of 2024(4) dt.12-11-2025 3/3

amount each to the satisfaction of the learned Special Judge SC / ST Act, Muzaffarpur in connection with Maniyari Police

Station Case No. 225 of 2023 .

(Prabhat Kumar Singh, J)

Koushik/-

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