Durga Prasad Sao Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Durga Prasad Sao Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail granted to the three named appellants on arrest/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 Special Judge, SC/ST-cum-ADJ I, Munger in ABA No. 1168 of 2024; impugned order dated 27.08.2024 set aside with respect to these appellants only.

Issue for consideration

Whether the appellants, whose prayer for anticipatory bail was rejected in ABA No. 1168 of 2024 (Dharhara P.S. Case No. 181 of 2024) by the Special Judge, SC/ST-cum-ADJ I, Munger, are entitled to anticipatory bail. +1 more

Court's answer

After considering the submissions, the appellants were directed to be enlarged on bail upon their arrest/surrender within eight weeks, on furnishing bail-bonds of Rs. 10,000 each with two sureties of the like amount each.

Ratio / Principle

This criminal appeal is allowed, and the impugned order dated 27.08.2024 is set aside with respect to these appellants only.

Detailed headnote1 paragraphs

Anticipatory bail granted — Appeal by three appellants (Durga Prasad Sao, Rajeev Kumar Sao @ Rajeev Kumar, Mukesh Kumar Sao) against rejection by order dt. 27.08.2024 of the Special Judge, SC/ST-cum-ADJ I, Munger (ABA No. 1168 of 2024) of their prayer for anticipatory bail in Dharhara P.S. Case No. 181 of 2024, District Munger, registered under Sections 191(2), 191(3), 190, 352, 351(2), 351(3), 126(2), 115(2), 109 of the Bharatiya Nyaya Sanhita and Sections 3(1)(r)(s), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act; F.I.R. alleges assault on the informant's husband with iron and steel rod and abuse by caste name. Counsel for appellants contended the dispute was petty with mutual simple injuries, existence of a case and counter-case, and that the insult was not caused solely on the basis of caste. Considering the facts, the appellants were ordered enlarged on bail upon arrest/surrender within eight weeks on bail-bonds of Rs. 10,000/- each with two sureties of the like amount each; appeal allowed and the rejection order set aside with respect to these appellants only. (Prabhat Kumar Singh, J.)

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.4442 of 2024

Arising Out of PS. Case No.-181 Year-2024 Thana- DHARHARA District- Munger

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

Durga Prasad Sao Son of Late Baldeo Sao Village- Matadih, Ps- Dharhara, Dist- Munger

Rajeev Kumar Sao @ Rajeev Kumar Son of Durga Prasad Sao VillageMatadih, Ps- Dharhara, Dist- Munger

Mukesh Kumar Sao Son of Late Baldeo Sao Village- Matadih, Ps- Dharhara, Dist- Munger

... ... Appellant/s

Versus

The State of Bihar

Chanda Kumari Wife of Prem Kumar Village- Matadih, Ps- Dharhara, DistMunger

... ... Respondent/s

====================================================== Appearance : For the Appellant/s : Mr. Shashi Saurabh, Advocate For the Respondent/s : Mr. Binay Krishna, Spl. Public Prosecutor For the R.No. 2 : Mr. Brij Mohan Das, Mr. A.K. Pandey, Advocates ======================================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

4 24-11-2025

Heard learned counsel for the appellants, respondent

no. 2 and the State.

This appeal has been filed against the order dated 27.08.2024 passed by learned Special Judge, SC/ST-cum- ADJ I, Munger in ABA No. 1168 of 2024 arising out of Dharhara P.S. Case No. 181 of 2024 registered under Sections 191(2), 191(3), 190, 352, 351(2), 351(3), 126(2), 115(2), 109 of the Bharatiya Nyaya Sanhita and Section 3(1)(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

Patna High Court CR. APP (SJ) No.4442 of 2024(4) dt.24-11-2025 2/3

rejected.

As per F.I.R., these appellants assaulted the husband of informant by means of iron and steel rod and abused him by caste name.

Learned counsel for the appellants submits that on account of petty dispute, altercation took place between the parties in which both sides sustained injuries. Case and counter case. Injuries caused by the appellants are simple in nature. Insult was not caused to the husband of informant solely on the basis of caste and as such, no case under SC/ST Act is made out against the appellants.

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 two sureties of the like amount each to the satisfaction of learned Special Judge, SC/ST-cum- ADJ I, Munger in ABA No. 1168 of 2024 arising out of Dharhara P.S. Case No. 181 of 2024.

Accordingly, this criminal appeal is allowed and

Patna High Court CR. APP (SJ) No.4442 of 2024(4) dt.24-11-2025 3/3

impugned order dated 27.08.2024 is set aside with respect to

these appellants only.

(Prabhat Kumar Singh, J)

Navya/-

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