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2024 DAILYLAW 2125 (PAT)

LAL BAHADUR RAY @ LAL RAY v. THE STATE OF BIHAR

CR. APP (SJ)/1850/2024 · 2026-07-02

Prabhat Kumar Singh

Criminal Appealbody2024

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1850 of 2024 Arising Out of PS. Case No.-460 Year-2023 Thana- MANER District- Patna ====================================================== 1. Lal Bahadur Ray @ Lal Ray S/O Motab Lal Ray R/O Village- Khaspur, P.S- Maner, Distt.- Patna. 2. Sanjay Ray S/O Motab Lal Ray R/O Village- Khaspur, P.S- Maner, Distt.- Patna. ... ... Appellant/s Versus 1. The State of Bihar 2. Rashmi Devi (Abated Vide Hon'ble Court's Order Dated 06-03-2025) W/O Om Paaswan R/O Village- Khaspur, P.S- Maner, Distt.- Patna. 3. Om Paswan S/O Ramnath Paswan R/V Khaspur, P.S- Maner, Distt.- Patna. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Ms. Kumari Anupam, Advocate For the Respondent/s : Mr. Sadanand Paswan, Spl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 8 02-07-2026 None appears on behalf of the respondent no. 3. 2. Heard learned counsel for the appellants and the State. 3. This appeal has been filed against the order dated 08.02.2024 passed by learned Exclusive Special Court, SC/ST Act, Patna in ABP No. 11282 of 2023 arising out of Maner P.S. Case No. 460 of 2023 registered under Sections 341, 342, 323, 379, 504, 506/34 of the Indian Penal Code and Section 3(1)(r)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of appellants has been rejected. Patna High Court CR. APP (SJ) No.1850 of 2024(8) dt.02-07-2026 2/3 4. As per F.I.R., all the named accused persons including these appellants brutally assaulted the brother-in-law of informant by means of sticks and belts and abused him by caste name. It is further alleged that the accused persons also took the Tempo of the brother-in-law of informant. 5. Learned counsel for the appellants submits that appellants are innocent and have committed no offence. Due to petty dispute, altercation took place between the parties. Allegation of assault is general and omnibus and there is no allegation of any specific overt act against the appellants. Injuries sustained by the injured are simple in nature. Rest of the allegations are ornamental. It is not the case of informant that alleged occurrence took place within public view and as such, no case under SC/ST Act is made out against the appellants. Appellants claim clean antecedent. 6. Learned Spl. Public Prosecutor for the State vehemently opposed the bail application. 7. 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 Patna High Court CR. APP (SJ) No.1850 of 2024(8) dt.02-07-2026 3/3 learned Exclusive Special Court, SC/ST Act, Patna in connection with Maner P.S. Case No. 460 of 2023. 8. Accordingly, this criminal appeal is allowed and impugned order dated 08.02.2024 is set aside with respect to these appellants only. Navya/- (Prabhat Kumar Singh, J) U T