Dharmnath Rai Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Dharmnath Rai Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail granted to the appellant: upon arrest or surrender within eight weeks, enlargement on bail on furnishing bail-bonds of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the XI Additional Sessions Judge-cum-Exclusive Special Judge, Gopalganj; the impugned order dated 14.03.2024 rejecting anticipatory bail is set aside with respect to this appellant only.

Issue for consideration

Whether the appellant is entitled to anticipatory bail in respect of Gopalganj SC/ST P.S. Case No. 11 of 2024, the XI Additional Sessions Judge-cum-Exclusive Special Judge, Gopalganj having rejected his prayer for anticipatory bail by order dated 14.03.2024.

Court's answer

Considering the nature of accusation, the existence of case and counter case, the simple nature of injury and the appellant's clean antecedent, the appellant is directed to be enlarged on bail: in the event of his arrest or surrender within eight weeks, on furnishing bail-bonds of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the XI Additional Sessions Judge-cum-Exclusive Special Judge, Gopalganj, in connection with Gopalganj SC/ST P.S. Case No. 11 of 2024.

Ratio / Principle

This criminal appeal is allowed and the impugned order dated 14.03.2024 is set aside with respect to this appellant only.

Detailed headnote1 paragraphs

Anticipatory bail — Patna High Court (Prabhat Kumar Singh, J.), Criminal Appeal (SJ) No. 2127 of 2024, oral order dated 01-05-2025: the Court allowed the appeal against the order dated 14.03.2024 passed by the XI Additional Sessions Judge-cum-Exclusive Special Judge, Gopalganj in A.B.P. No. 649 of 2024, which had rejected the appellant's prayer for anticipatory bail in connection with Gopalganj SC/ST P.S. Case No. 11 of 2024, registered under Sections 341, 323, 324, 504, 506/34 of the Indian Penal Code and Sections 3(1)(r)(s), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The allegation was that the F.I.R.-named accused, including the appellant, abused the informant by caste name and assaulted him with an iron rod while he worked in a temple. Counsel for the appellant pleaded innocence, described the case as a counter blast to Gopalpur P.S. Case No. 45 of 2024 between co-villagers, pointed to the simple nature of the injury, clean antecedents, and argued that no SC/ST Act offence arose as the incident was not alleged to be within public view. Weighing the nature of accusation, case and counter case, simple injury and clean antecedent, the Court enlarged the appellant on bail upon arrest/surrender within eight weeks on bail-bonds of Rs. 10,000/- with two sureties of the like amount each, and set aside the impugned order with respect to this appellant only.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2127 of 2024

Arising Out of PS. Case No.-11 Year-2024 Thana- SC/ST District- Gopalganj

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

Anurag Patel Son of Durga Patel @ Durgesh Patel Resident of Village - Ahirauli Dubauli, P.O.- Narahawa Shukla, P.S.- Gopalpur, District - Gopalganj.

... ... Appellant/s

Versus

The State of Bihar

Raju Ram Son of Late Khublal Ram Resident of Village - Ahirauli Dubauli, P.O.- Narahawa Shukla, P.S.- Gopalpur, District - Gopalganj.

... ... Respondent/s

====================================================== Appearance : For the Appellant/s : Mr. Shashi Ranjan Kumar, Advocate For the State : Mrs. Usha Kumari 1, Spl. P.P. For Respondent No. 2 : Mr. Subhesh Pandey, Advocate Mr. Amit Kumar Mishra, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

4 01-05-2025 Heard learned counsel for the parties.

This appeal has been filed against the order dated

14.03.2024 passed by learned XI Additional Sessions Judgecum-Exclusive Special Judge, Gopalganj in connection with ABP No. 649 of 2024 arising out of Gopalganj SC/ST P.S. Case No. 11 of 2024, registered under Sections 341, 323, 324, 504, 506/34 of the Indian Penal Code 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 appellant has been rejected.

On the alleged date and time of occurrence, while

Patna High Court CR. APP (SJ) No.2127 of 2024(4) dt.01-05-2025 2/3

informant was working in temple, it is alleged that all the F.I.R. named accused persons including this appellant abused him by caste name and also assaulted him with iron rod.

Learned counsel for the appellant submits that appellant is innocent and has committed no offence. He next submits that the present case is counter blast of Gopalpur P. S. Case No. 45 of 2024. Both parties are co-villagers and in order to save their skin from the aforesaid case which was lodged by father of this appellant against informant and others, this false and concocted case has been lodged. Injury allegedly caused by this appellant is 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 appellant. Appellant claims clean antecedent.

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

Considering the nature of accusation, case and counter case, simple injury and clean antecedent, let the appellant, as named above, in the event of his arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) with two

Patna High Court CR. APP (SJ) No.2127 of 2024(4) dt.01-05-2025 3/3

sureties of the like amount each to the satisfaction of learned XI Additional Sessions Judge-cum-Exclusive Special Judge, Gopalganj in connection with Gopalganj SC/ST P.S. Case No. 11 of 2024.

Accordingly, this criminal appeal is allowed and impugned order dated 14.03.2024 is set aside with respect to this appellant only.

(Prabhat Kumar Singh, J)

Navya/-

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