Allowed¶24

Niranjan Mehta @ Niranjan Kumar Mehta v. The State of Bihar

Patna HC24 Jul 2025CR. APP (SJ)/303/2024

Case brief

AI extract

What is this about?

Anticipatory bail conditionally granted by Patna High Court in caste-abuse/assault case (Bhimpur P.S. Case No. 94 of 2023, Supaul; IPC 341/323/324/307/504/506/34 and SC/ST Act 3(i)(r)(s), 3(2)(va)); Special Judge's rejection dated 13.12.2023 set aside qua appellants; counter case Bhimpur P.S. Case No. 93 of 2023 (Lalan Paswan); arguments on omnibus allegations, simple injuries, no 'public view' hence no SC/ST Act offence, clean antecedents; bail bond Rs. 10,000 with two like sureties; eight-week arrest/surrender window; decided 24-07-2025.

What did the court decide?

Conditional anticipatory bail: appellants to be enlarged on bail if arrested/surrendering within eight weeks, on bail-bonds of Rs. 10,000/- each with two sureties of the like amount each; impugned order dated 13.12.2023 set aside qua these appellants only. ¶24

Niranjan Mehta @ Niranjan Kumar Mehta Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the appellants, whose prayer for anticipatory bail in Bhimpur P.S. Case No. 94 of 2023 was rejected by the Additional Sessions Judge 1st cum Special Judge, Supaul, are entitled to be enlarged on bail. +1 more

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Court's answer

Considering the nature of accusation, the existence of case and counter case, and the appellants' clean antecedents, the Court directed that in the event of the appellants' arrest/surrender within eight weeks they be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge 1st cum Special Judge, Supaul in ABP No. 1607 of 2023.

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Ratio / Principle

The criminal appeal is allowed and the impugned order dated 13.12.2023 is set aside with respect to these appellants only.

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Detailed headnote1 paragraphs

Patna High Court (Prabhat Kumar Singh, J.), Criminal Appeal (SJ) No. 303 of 2024, decided 24-07-2025 — Appeal against order dated 13.12.2023 of the Additional Sessions Judge 1st cum Special Judge, Supaul rejecting anticipatory bail (ABP No. 1607 of 2023) in Bhimpur P.S. Case No. 94 of 2023, registered under Sections 341, 323, 324, 307, 504, 506/34 IPC and Sections 3(i)(r)(s), 3(2)(va) of the SC/ST (Prevention of Atrocities) Act. FIR alleged assault and abuse by caste name of the informant's husband and assault on her father-in-law. Appellants' counsel pleaded counter blast (Bhimpur P.S. Case No. 93 of 2023 by Lalan Paswan), admitted land dispute between co-villagers, general and omnibus allegations, simple injuries, non-occurrence within public view negativing SC/ST Act offence, and clean antecedents. Considering the nature of accusation, case and counter case and clean antecedent, the Court directed that on arrest/surrender within eight weeks the appellants be enlarged on bail on bail-bonds of Rs. 10,000/- each with two like sureties; appeal allowed and impugned order set aside qua these appellants only.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.303 of 2024

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Arising Out of PS. Case No.-94 Year-2023 Thana- BHIMPUR District- Supaul

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

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Niranjan Mehta @ Niranjan Kumar Mehta Son Of Chandrakishor Mehta @ Chananand Mehta Resident Of Village- Kewla Police Station -Bhimpur, Distt- Supaul

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Vinay Mehta @ Vinay Kumar Mehta @ Binay Kumar Mehta Son Of Chandrakishor Mehta @ Chananand Mehta Resident Of Village- Kewla Police Station -Bhimpur, Distt- Supaul

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... ... Appellant/s

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Versus

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The State of Bihar

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Asha Devi Wife Of Nand Kishore Paswan Resident of village- Kewla ward no. 1 Police Station -Bhimpur, distt- supaul

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... ... Respondent/s

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====================================================== Appearance : For the Appellant/s : Mr. Kumar Goutam, Advocate For the Respondent/s : Mr. Binay Krishna, Spl. Public Prosecutor For the Informant : Ms. Rupa Kumari, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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3 24-07-2025 Heard learned counsel for the parties.

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This appeal has been filed against the order dated

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13.12.2023 passed by learned Additional Sessions Judge 1^st cum Special Judge, Supaul in ABP No. 1607 of 2023 in connection with Bhimpur P.S. Case No. 94 of 2023, registered under Sections 341, 323, 324, 307, 504, 506/34 of the Indian Penal Code and Section 3(i)(r)(s), 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of appellants has been rejected.

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Informant, namely, Asha Devi alleged that when her

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Patna High Court CR. APP (SJ) No.303 of 2024(3) dt.24-07-2025 2/3

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husband went for nature’s call, all the F.I.R. named accused persons, including these appellants, assaulted and abused him by caste name and when father-in-law of the informant tried to save her husband, he was also assaulted.

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Learned counsel for the appellants submits that appellants are innocent and have committed no offence. As a matter of fact, present case is counter blast of Bhimpur P. S. Case No. 93 of 2023 which was lodged by one Lalan Paswan against informant and others and to save their skin from the said case, this false and concocted case has been lodged. Both parties are co-villagers and there is admitted land dispute between them. Allegation of assault is general and omnibus. Injuries allegedly caused by these appellants are simple in nature. Moreover, it is not the case of informant that alleged incident occurred within public view, as such, no offence under SC/ST Act is made out against appellants. Appellants claim clean antecedent.

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Learned Spl. Public Prosecutor for the State as well as learned counsel for the informant vehemently opposed the bail application.

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Considering the nature of accusation, case and counter case and clean antecedent, let the appellants, as named above, in

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Patna High Court CR. APP (SJ) No.303 of 2024(3) dt.24-07-2025 3/3

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the event of their arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Sessions Judge 1^st cum Special Judge, Supaul in ABP No. 1607 of 2023 in connection with Bhimpur P.S. Case No. 94 of 2023.

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Accordingly, this criminal appeal is allowed and impugned order dated 13.12.2023 is set aside with respect to these appellants only.

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(Prabhat Kumar Singh, J)

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Navya/-

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U T

Niranjan Mehta @ Niranjan Kumar Mehta v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Niranjan Mehta @ Niranjan Kumar Mehta 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

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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