Raju Kumar Tiwary @ Raju Kumar Vs The State of Bihar

====================================================== Appearance : For the Appellant/s : Mr.Manoj Kumar For the Respondent/s : Mr.Sadanand Paswan

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CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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4 08-05-2025

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Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.

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2 . This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter in short referred to as the SC/ST Act) against the refusal of prayer of bail vide order dated 06.12.2024 passed by the learned Exclusive-cum-Special Court, SC/ST (POA) Act, Chhapra at Saran in connection with Bheldi P.S. Case No. 343 of 2024 dated 31.10.2024 registered for the offence/s punishable u/ss 126(2), 115(2), 118(1), 117(2), 109, 352, 103(2) read with Section 3(5) of B.N.S. and Section 3(1)(r) (s), 3(2)(va) of SC/ST Act.

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3 . As per the prosecution case, it is alleged that on

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Patna High Court CR. APP (SJ) No.362 of 2025(4) dt.08-05-2025 2/4

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30.10.2024 at 8 PM, the informant was at her house and one Chandan Manjhi was roaming around with his dog. The coaccused, Santosh Kumar Pandey also came alongwith his dog in the dalit area. On seeing the dog of Chandan Manjhi, he united his dog and charged the dog at the dog of Chandan Manjhi, both the dogs started quarreling with each other. On protest by Chandan Manjhi then the co-accused, Guddu Tiwari came there and started abusing by taking caste name. The co-accused, Guddu Tiwari called his brother Santosh Kumar Pandey along with his relatives who came armed with lathi, farsa, iron rod and katta started abusing by taking caste name. The co-accused, Santosh Kumar Pandey armed with farsa assaulted Vishkarma Manjhi on his head due to which his head got cut and blood started oozing out and he fell unconscious. The co-accused Guddu Pandey assaulted Upendra Manjhi on his head with iron rod but he saved but fingers got ruptured and the co-accused, Vicky Tiwary assaulted Santosh Majhi on his legs due to which he got injured. When Renu Devi came to save his brother-inlaw, then all the accused persons assaulted her with legs, fist, rods and bricks due to which she sustained injury and disrobed her.

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4 . Learned counsel for the appellant has submitted

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Patna High Court CR. APP (SJ) No.362 of 2025(4) dt.08-05-2025 3/4

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that the appellant has falsely been implicated in this case due to ulterior motive. There is no specific allegation rather the allegation against the petitioner is general and omnibus in nature. There is no allegation of abusing against the appellant and hence, no offence under the provisions of SC/ST Act is made out against the appellant. The appellant has one criminal antecedent as stated at para 3 of the bail petition. The appellant is in custody since 01.11.2024.

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5 . Learned Spl. P.P. for the State has vehemently opposed the prayer of bail and submitted that from perusal of case diary one Vishkarma Manjhi has died during the course of treatment.

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6. In view of the aforesaid facts and circumstances of the case as well as finding substance in the contention of the learned counsel for the appellant, the impugned order dated 06.12.2024 passed by the learned Exclusive-cum-Special Court, SC/ST (POA) Act, Chhapra at Saran in connection with Bheldi P.S. Case No. 343 of 2024 is set aside against the appellant. The criminal appeal is allowed.

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Accordingly, the above named appellant, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty thousand) with two sureties of the like

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Patna High Court CR. APP (SJ) No.362 of 2025(4) dt.08-05-2025 4/4

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amount each to the satisfaction of the learned Exclusive-cumSpecial Court, SC/ST (POA) Act, Chhapra at Saran in connection with Bheldi P.S. Case No. 343 of 2024.

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(Chandra Prakash Singh, J)

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shivam/-

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U T

Raju Kumar Tiwary @ Raju Kumar v. The State of Bihar

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Raju Kumar Tiwary @ Raju Kumar v. The State of Bihar

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