Dina Nath Rai Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Dina Nath Rai Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal allowed; impugned order dated 21.11.2024 rejecting anticipatory bail set aside; appellant to be enlarged on bail upon arrest/surrender within eight weeks on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each before the learned Special Judge, SC/ST (POA) Act, Samastipur.

Issue for consideration

Whether the order dated 21.11.2024 rejecting the appellant's prayer for anticipatory bail in connection with Mohanpur PS Case No. 77 of 2024 should be set aside and the appellant enlarged on bail.

Court's answer

Considering the facts urged (land dispute between the parties, simple injury attributed to the appellant, absence of allegation that any member of public was present, and claimed clean antecedents), the appeal is allowed and the impugned order dated 21.11.2024 rejecting the appellant's anticipatory bail prayer is set aside.

Ratio / Principle

The appellant, in the event of arrest or surrender within eight weeks from receipt/production of a copy of the order, is to be enlarged on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Special Judge, SC/ST (POA) Act, Samastipur, in connection with Mohanpur Police Station Case No. 77 of 2024.

Detailed headnote1 paragraphs

Patna High Court (Prabhat Kumar Singh, J.), Criminal Appeal (SJ) No. 232 of 2025, decided 20-03-2025: Appeal against rejection of the appellant's anticipatory bail prayer by order dated 21.11.2024 in Mohanpur PS Case No. 77 of 2024, registered for offences under sections 147, 149, 341, 323, 325, 504 and 506 IPC and section 3(2)(v)(a) of the Scheduled Castes and Scheduled Tribes Act, 1989. Prosecution alleged that the appellant, along with seven co-accused, assaulted and abused the informant by caste name; the defence contended the quarrel arose from a land dispute, the injury caused by the appellant was simple, no member of the public was alleged to be present, and the appellant had clean antecedents. Held: appeal allowed and the impugned order set aside; appellant, in the event of arrest/surrender within eight weeks, to be enlarged on bail on a bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Special Judge, SC/ST (POA) Act, Samastipur.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.232 of 2025

Arising Out of PS. Case No.-77 Year-2024 Thana- MOHANPUR District- Samastipur

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Dina Nath Rai Son of Munna Rai Village -Sahpur Barahatt PS -Mohanpur Distt -Samastipur

... ... Appellant/s

Versus

1 . The State of Bihar

Bisundeo Paswan @ Bishnudeo Paswan Son of Saryug Paswan Village -Sahpur kanth, PS -Mohanpur Distt -Samastipur

... ... Respondent/s

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Appearance : For the Appellant/s : Mr. Choudhary Shyam Nandan, Advocate For the Respondent/s : Mr. Sadanand Paswan, Spl. PP For respondent No. 2 : Mr. Deepak Kumar singh, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

3 20-03-2025

Heard learned counsel for the parties.

This appeal has been filed for setting aside order

dated 21.11.2024 passed in a case registered for the offence punishable under sections 147, 149, 341 , 323 , 325 , 504 and 506 of the Indian Penal Code and sections 3(2)(v)(a) of the Scheduled Castes and Scheduled Tribes Act, 1989, whereby the prayer for anticipatory bail of the appellant has been rejected.

3 . As per the prosecution case , on the alleged date and time of occurrence , informant had gone to attend call of nature , in the meantime , this appellant along with seven other co-accused persons assaulted and abused him by caste name .

It is submitted that quarrel took place between

Patna High Court CR. APP (SJ) No.232 of 2025(3) dt.20-03-2025 2/2

both the parties due to land dispute . Injury allegedly caused by this appellant is simple in nature . It is not the case of the informant that any member of public was present at the time of incident, as such, no case under SC/ST Act is made out. Appellant claims clean antecedent.

5 . Learned counsel for the informant and learned Special Public Proseuctor for the State opposed the prayer for bail.

Considering the aforesaid facts, this appeal is allowed and the impugned order is set aside. Let the appellant, 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) with two sureties of the like amount each to the satisfaction of the learned Special Judge , SC/St (POA) Act, samastipur in connection with Mohanpur Police Station Case No. 77 of 2024 .

(Prabhat Kumar Singh, J)

Koushik/-