Lallu Sao @ Lauu Prasad @ Lallu Prasad @ Lallu Saw Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Lallu Sao @ Lauu Prasad @ Lallu Prasad @ Lallu Saw Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail granted to all three named appellants, conditional on arrest or surrender within eight weeks, on bail-bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the Exclusive Special Judge, SC/ST Act, Civil Court (Sadar), Patna; the impugned rejection order of 27.05.2024 set aside qua the appellants only.

Issue for consideration

Whether the appellants, whose prayer for anticipatory bail in ABP No. 1264 of 2024 was rejected on 27.05.2024, should be enlarged on anticipatory bail in connection with Bakhtiyarpur P.S. Case No. 122 of 2024. +1 more

Court's answer

Considering the facts, the appellants, in the event of their arrest or surrender within eight weeks, are to 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 Exclusive Special Judge, SC/ST Act, Civil Court (Sadar), Patna, in connection with Bakhtiyarpur P.S. Case No. 122 of 2024.

Ratio / Principle

The criminal appeal is allowed and the impugned order dated 27.05.2024 is set aside with respect to these appellants only.

Detailed headnote1 paragraphs

Patna High Court, Criminal Appeal (SJ) No. 3245 of 2024 (Prabhat Kumar Singh, J.; decided 19-11-2025): Appeal against the order dated 27.05.2024 of the Exclusive Special Judge, SC/ST Act, Civil Court (Sadar), Patna in ABP No. 1264 of 2024, arising from Bakhtiyarpur P.S. Case No. 122 of 2024 registered under Sections 341, 323, 504/34 IPC and Section 3(1)(r)(s)(w) of the SC/ST (Prevention of Atrocities) Act, rejecting the appellants' anticipatory bail. The FIR alleges the informant was abused by caste name at the appellants' scrap shop; counsel contended the case was a counter blast to the earlier Bakhtiyarpur P.S. Case No. 121 of 2024 and that no caste-ground insult was involved. Holding: appellants directed to be enlarged on anticipatory bail upon arrest or surrender within eight weeks, on bail-bonds of Rs. 10,000/- each with two like sureties; appeal allowed and the impugned order set aside with respect to these appellants only.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.3245 of 2024

Arising Out of PS. Case No.-122 Year-2024 Thana- BAKHTIYARPUR District- Patna

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

Lallu Sao @ Lauu Prasad @ Lallu Prasad @ Lallu Saw S/o- Kedar Sao @ Kedar Saw R/o- Near Police Station ke Purab Hakikatpur Ps- Bakhtiyarpur Dist- Patna

Avinash Kumar @ Avinash Arya @ Avinash Kumar Arya son of Lallu Sao @ Lauu Prasad @ Lallu Prasad @ Lallu Saw R/o- Near Police Station ke Purab Hakikatpur Ps- Bakhtiyarpur Dist- Patna

Amit Kumar son of Lallu Sao @ Lauu Prasad @ Lallu Prasad @ Lallu Saw R/o- Near Police Station ke Purab Hakikatpur Ps- Bakhtiyarpur Dist- Patna

... ... Appellant/s

Versus

The State of Bihar

Dharmendra Kumar son of Rajaram Paswan @ Raghuvir Paswan VillageNayatola Madhopur Ps- Bakhtiyarpur Dist- Patna

... ... Respondent/s

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

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

4 19-11-2025

Heard learned counsel for the appellants, respondent

no. 2 and the State.

This appeal has been filed against the order dated 27.05.2024 passed by learned Exclusive Special Judge, SC/ST Act, Civil Court (Sadar), Patna in ABP No. 1264 of 2024 arising out of Bakhtiyarpur P.S. Case No. 122 of 2024 registered under Sections 341, 323, 504/34 of the Indian Penal Code and Section 3(1)(r)(s)(w) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for

Patna High Court CR. APP (SJ) No.3245 of 2024(4) dt.19-11-2025 2/3

anticipatory bail of appellants has been rejected.

Prosecution case, in brief, is that on 06.03.203 at about 1:30 PM, when informant went at the scrap shop of these appellants to purchase old pipe, these appellants misbehaved with him when he tried to negotiate the price and abused informant by caste name.

Learned counsel for the appellants submits that appellants are innocent and have committed no offence. Present case is counter blast of Bakhtiyarpur P. S. Case No. 121 of 2024 which was filed by appellant no. 2 against informant and others and is earlier in point of time. Appellants have falsely been implicated in this case in retaliation to the aforesaid case. Insult was not caused only on the ground that informant belongs to SC/ST category, as such, no case under SC/ST Act is made out against the appellants. Appellants claim clean antecedent.

Learned Spl. Public Prosecutor for the State as well as learned counsel for the respondent no. 2 vehemently opposed the bail application.

Considering the aforesaid facts, let the appellants, as named above, in 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

Patna High Court CR. APP (SJ) No.3245 of 2024(4) dt.19-11-2025 3/3

two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, SC/ST Act, Civil Court (Sadar), Patna in connection with Bakhtiyarpur P.S. Case No. 122 of 2024.

Accordingly, this criminal appeal is allowed and impugned order dated 27.05.2024 is set aside with respect to these appellants only.

(Prabhat Kumar Singh, J)

Navya/-

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