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2025 DAILYLAW 109028 (PAT)

RANJEET KUMAR @ AMARJEET PASWAN v. THE STATE OF BIHAR

CR. APP (SJ)/3289/2024 · 2025-11-19

Prabhat Kumar Singh

Criminal Appealbody2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.3289 of 2024 Arising Out of PS. Case No.-716 Year-2023 Thana- FATEHPUR District- Gaya ====================================================== 1. Ranjeet Kumar @ Amarjeet Paswan S/O Mosafir Paswan R/O Village- Bahasa Pipra, P.S- Fatehpur, Distt.- Gaya. 2. Raju Yadav S/O Nageshwar Yadav R/O Village- Bahasa Pipra, P.S- Fatehpur, Distt.- Gaya. 3. Jitendra Paswan S/O Suresh Paswan R/O Village- Bahasa Pipra, P.S- Fatehpur, Distt.- Gaya. 4. Mukesh Yadav @ Mukesh Kumar S/O Dhakwa Yadav @ Late Ramchandra Yadav R/O Village- Bahasa Pipra, P.S- Fatehpur, Distt.- Gaya. 5. Nitish Kumar S/O Dhaneshar Mistri R/O Village- Bahasa Pipra, P.S- Fatehpur, Distt.- Gaya. ... ... Appellant/s Versus 1. The State of Bihar 2. Gulabi Kumari D/O Pramod Manjhi R/O Village- Bahasa Pipra, P.S- Fatehpur, Distt.- Gaya. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Aryan Singh, Advocate For the Respondent/s : Mr. Binay Krishna, Spl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 4 19-11-2025 Despite valid service of notice, 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 22.02.2024 passed by learned Exclusive Special Judge, SC/ST Act, Gaya in ABP No. 49 of 2024 arising out of Fatehpur P.S. Case No. 716 of 2023 registered under Sections 341, 323, 354, 504, 506/34 of the Indian Penal Code and Section 3(1)(r)(s) of Patna High Court CR. APP (SJ) No.3289 of 2024(4) dt.19-11-2025 2/3 Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of appellants has been rejected. 4. As per F.I.R., these appellants assaulted and abused the informant and her family members by caste name and threatened with dire consequences. 5. Learned counsel for the appellants submits that both parties are co-villagers and due to petty dispute, scuffle took place between them in which both sides sustained injuries. Allegation against appellants is general and omnibus. No specific allegation of any overt act against the appellants. Appellants did not have any hatred and insult was not caused to informant on the basis of caste, 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.3289 of 2024(4) dt.19-11-2025 3/3 learned Exclusive Special Judge, SC/ST Act, Gaya in ABP No. 49 of 2024 arising out of Fatehpur P.S. Case No. 716 of 2023. 8. Accordingly, this criminal appeal is allowed and impugned order dated 22.02.2024 is set aside with respect to these appellants only. Navya/- (Prabhat Kumar Singh, J) U T