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2025 DAILYLAW 101939 (PAT)

Vivek Sharma @ Vivek Kumar Sharma v. The State of Bihar

CR. APP (SJ)/3102/2024 · 2025-11-18

Prabhat Kumar Singh

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.3102 of 2024 Arising Out of PS. Case No.-272 Year-2024 Thana- SONEPUR District- Saran ====================================================== 1. Vivek Sharma @ Vivek Kumar Sharma S/o Dilip Sharma R/o Village- Baijalpur, Kesho, P.S. - Sonepur, Distt. - Saran at Chapra 2. Shubham Kumar Sharma @ Chandan Kumar Sharma S/o Chandra Shekhar Sharma R/o Village- Baijalpur, Kesho, P.S. - Sonepur, Distt. - Saran at Chapra 3. Pappu Sharma @ Ram Niwash Sharma S/o Late Bindhyachal Sharma R/o Village- Baijalpur, Kesho, P.S. - Sonepur, Distt. - Saran at Chapra 4. Chandra Shekhar Sharma S/o Late Bindhyachal Sharma R/o Village- Baijalpur, Kesho, P.S. - Sonepur, Distt. - Saran at Chapra ... ... Appellant/s Versus 1. The State of Bihar 2. Pramod Kumar S/o Late Shailesh Prasad R/o vill - Baijalpur, Kesho, P.S. - Sonepur, Distt. - Saran at Chapra ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Jeetendra Narayan, Advocate For the Respondent/s : Mrs. Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 4 18-11-2025 Despite filing Vakalatnama, none appears on behalf of the respondent no. 2. 2. Heard learned counsel for the appellants and the State. 3. This appeal has been filed against the order dated 21.05.2024 passed by learned Exclusive Special Judge, SC/ST (POA) Act, Saran at Chapra in ABP No. 1736 of 2024 arising out of Sonepur P.S. Case No. 272 of 2024 registered under Sections 341, 323, 504, 506, 34 of the Indian Penal Code and Patna High Court CR. APP (SJ) No.3102 of 2024(4) dt.18-11-2025 2/3 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. 4. As per prosecution case, these appellants along with one known accused, armed with weapons, entered the house of informant, abused him by caste name and assaulted him as a result of which he sustained injuries. 5. Learned counsel for the appellants submits that both parties are co-villagers and due to petty dispute, altercation took place between them. Allegation of assault is general and omnibus. Injury sustained by the informant is simple in nature. As per F.I.R., alleged incident took place inside the house informant and not within public view, as such, no case under SC/ST Act is made out against these 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.3102 of 2024(4) dt.18-11-2025 3/3 learned Exclusive Special Judge, SC/ST (POA) Act, Saran at Chapra in ABP No. 1736 of 2024 arising out of Sonepur P.S. Case No. 272 of 2024. 8. Accordingly, this criminal appeal is allowed and impugned order dated 21.05.2024 is set aside with respect to these appellants only. Navya/- (Prabhat Kumar Singh, J) U T