Ramesh Kr. Pandit @ Ramesh Pandit Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.3438 of 2023

Arising Out of PS. Case No.-38 Year-2018 Thana- SC/ST District- Banka

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Ramesh Kr. Pandit @ Ramesh Pandit Son Of Jewa Pandit @Jay Prakash Pandit Resident Of Village- Dudhaniya, Police Station- Belhar, DistrictBanka

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... ... Appellant/s

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Versus

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The State of Bihar

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Dasharath Rajak Son Of Jodhan Rajak Resident Of Village- Dudhaniya, Police Station- Belhar, District- Banka

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... ... Respondent/s

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====================================================== Appearance : For the Appellant/s : Mr.Ajay Mukherjee, Advocate For the Respondent/s : Mr.Binay Krishna, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

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3 04-12-2025 Heard the parties.

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This appeal is preferred against the order dated 11.07.2023 passed by the Learned Additional Sessions Judge-Icum-Special Judge SC/ST (POA) Act, Banka in A.B.P. No. 1025/2023 (arising out of Banka SC/ST P.S. Case No. 38/18) registered under Sections 147, 341, 323, 504 and 506 of the Indian Penal Code and under Section 3(i)(r)(g) of the SC/ST (POA) Act by which the prayer of the appellant for grant of anticipatory bail has been rejected.

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As per the prosecution case, the informant alleged that the appellant and other accused persons variously armed assaulted him and even abused him by taking his caste name.

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Patna High Court CR. APP (SJ) No.3438 of 2023(3) dt.04-12-2025 2/3

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Learned counsel for the appellant submits that the appellant has falsely been implicated in this case and no offence under the provisions of SC/ST Act is made out in this case as the occurrence has taken place due to land dispute and therefore the application of the anticipatory bail is maintainable.

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Learned counsel for the State has opposed the prayer of the appellant.

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From the reading of the entire FIR it does not appear that offence has been committed against the informant on the ground that he is a member of SC/ST community and primarily, it appears that the occurrence has taken place due to land dispute.

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In these circumstances, this application for grant of anticipatory bail is held to be maintainable.

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Considering the facts of the case and the rival submissions of the parties, this appeal is allowed and accordingly, the order dated 11.07.2023 passed by the Learned Additional Sessions Judge-I-cum-Special Judge SC/ST (POA) Act, Banka in A.B.P. No. 1025/2023 (arising out of Banka SC/ST P.S. Case No. 38/18), is hereby set aside.

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Let the appellant, in the event of his arrest or surrender within four weeks from today, be released on bail on

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Patna High Court CR. APP (SJ) No.3438 of 2023(3) dt.04-12-2025 3/3

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furnishing bail bonds of Rs. 10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Learned Additional Sessions Judge-I-cum-Special Judge SC/ST (POA) Act, Banka/ concerned Court below in connection with A.B.P. No. 1025/2023 (arising out of Banka SC/ST P.S. Case No. 38/18), subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure/482(2) of the BNSS.

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(Sandeep Kumar, J)

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tusharika/-

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U T

Ramesh Kr. Pandit @ Ramesh Pandit v. The State of Bihar

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Ramesh Kr. Pandit @ Ramesh Pandit v. The State of Bihar

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