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2025 DAILYLAW 109448 (PAT)

MAHENDRA CHANDRAVANSHI @ BHOLA v. THE STATE OF BIHAR

CR. APP (SJ)/3371/2024 · 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.3371 of 2024 Arising Out of PS. Case No.-107 Year-2024 Thana- BARUN District- Aurangabad ====================================================== Mahendra Chandravanshi @ Bhola S/O Arjun Chandra Vanshi R/O Village- Simara Kala, P.S- Barun, Distt.- Aurangabad. ... ... Appellant/s Versus 1. The State of Bihar 2. Pratima Devi W/O Ravindra Paswan R/O Village- Simra Kala, P.S- Barun, Distt.- Aurangabad. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mrs. Mukul Kumari, 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 appellant and the State. 3. This appeal has been filed against the order dated 20.05.2024 passed by learned Special Judge, SC/ST-cum-1st Additional District & Sessions Judge, Aurangabad in ABP No. 610 of 2024 arising out of Barun P.S. Case No. 107 of 2024 registered under Sections 341, 448, 354 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 appellant has been rejected. Patna High Court CR. APP (SJ) No.3371 of 2024(4) dt.19-11-2025 2/3 4. As per F.I.R., this appellant, in drunken condition, entered the house of informant, abused her by caste name and misbehaved with her. 5. Learned counsel for the appellant submits that both parties are co-villagers and due to petty dispute this false and concocted case has been lodged against the appellant. As per F.I.R., alleged incident occurred inside the house of informant and not within public view as such, no case under SC/ST Act is made out against the appellant. Appellant claims clean antecedent. 6. Learned Spl. Public Prosecutor for the State vehemently opposed the bail application. 7. Considering the aforesaid facts, 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 sureties of the like amount each to the satisfaction of learned Special Judge, SC/ST-cum-1st Additional District & Sessions Judge, Aurangabad in ABP No. 610 of 2024 arising out of Barun P.S. Case No. 107 of 2024. 8. Accordingly, this criminal appeal is allowed and impugned order dated 20.05.2024 is set aside with respect to Patna High Court CR. APP (SJ) No.3371 of 2024(4) dt.19-11-2025 3/3 this appellant only. Navya/- (Prabhat Kumar Singh, J) U T