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2025 DAILYLAW 2371 (PAT)

Tutu Sharma @ Satish Kumar v. The State of Bihar

CR. APP (SJ)/3027/2025 · 2026-05-04

Satyavrat Verma

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.3027 of 2025 Arising Out of PS. Case No.-103 Year-2025 Thana- GOH District- Aurangabad ====================================================== 1. Tutu Sharma @ Satish Kumar S/O Nawal Sharma R/O Village-Singhari, PS- Goh, Distt-Aurangabad 2. Anil Sharma @ Anil Kumar Sharma S/O Ramanuj Sharma R/O Village- Singhari, PS-Goh, Distt-Aurangabad 3. Naveen Sharma @ Naveen Kumar S/O Rajendra Sharma R/O Village- Singhari, PS-Goh, Distt-Aurangabad 4. Bigan Sharma @ Bishunpat Sharma S/O Bilat Sharma R/O Village-Singhari, PS-Goh, Distt-Aurangabad 5. Pintu Sharma @ Santosh Kumar S/O Nawal Sharma R/O Village-Singhari, PS-Goh, Distt-Aurangabad 6. Shyam Sundar Sharma @ Shyam Sundar Kumar S/O Sri Niwas Sharma R/O Village-Singhari, PS-Goh, Distt-Aurangabad 7. Kamal Narayan Sharma @ Kamal Nayan Sharma @ Kamal Nayan S/O Munna Sharma R/O Village-Singhari, PS-Goh, Distt-Aurangabad 8. Ramesh Sharma @ Ramesh Kumar S/O Late Mritunjay Sharma R/O Village-Singhari, PS-Goh, Distt-Aurangabad 9. Bhola Sharma @ Chitranjan Kumar S/O Sanjay Sharma R/O Village- Singhari, PS-Goh, Distt-Aurangabad 10. Kundan Sharma @ Kundan Kumar S/O Ram Pravesh Sharma R/O Village- Singhari, PS-Goh, Distt-Aurangabad 11. Lal Butan Sharma @ Raju Sharma S/O Bittal Sharma R/O Village-Singhari, PS-Goh, Distt-Aurangabad 12. Ganesh Sharma @ Omkar Kumar Kashyap S/O Rakesh Sharma R/O Village-Singhari, PS-Goh, Distt-Aurangabad 13. Shailendra Sharma @ Shilendra Kumar Sharma S/O Ragho Sharma R/O Village-Singhari, PS-Goh, Distt-Aurangabad 14. Manu Sharma @ Shankar Kumar S/O Nagendra Sharma R/O Village- Singhari, PS-Goh, Distt-Aurangabad 15. Vikram Sharma @ Vikram Kumar S/O Nanhe Sharma R/O Village-Singhari, PS-Goh, Distt-Aurangabad ... ... Appellant/s Versus 1. The State of Bihar 2. Ram Niwas Paswan S/O Shiv Dahin Paswan R/O Village-Singhari, PS-Goh, Distt-Aurangabad Patna High Court CR. APP (SJ) No.3027 of 2025(5) dt.04-05-2026 2/4 ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr Avinash Kumar, Advocate Mr. Rahul Singh, Advocate Mr. Ayush Kumar, Advocate For the Respondent/s : Mr. Binay Krishna, Special PP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 5 04-05-2026 1. Heard learned counsel for the appellants, learned Special P.P. for the State and the learned counsel appearing on behalf of the informant. 2. This is an appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST Act”) against the refusal of prayer for anticipatory bail vide order dated 26.06.2025 in A.B.A. No. 1003 of 2025 passed by the learned 1st Additional Sessions Judge-cum-Special Judge S.C./S.T./Children & NDPS Act, Aurangabad in connection with Goh P.S. Case No. 103 of 2025 registered for the offences punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 118(1), 109(1), 352, 351(2) and 61 of the BNS, 2023 as well as Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the SC/ST Act. 3. Learned counsel for the appellants submits that appellant nos. 2, 3, 4, 5, 10 and 13 have antecedent of one case and rest of the appellants are persons with clean antecedent. It is Patna High Court CR. APP (SJ) No.3027 of 2025(5) dt.04-05-2026 3/4 next submitted that for the same occurrence, two FIRs have been instituted i.e. Goh P.S Case No. 101 of 2025 instituted by the police and thereafter the instant FIR came to be instituted by the informant. 4. It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that allegation of abuse and assault is general and omnibus in nature. It is further submitted that in the FIR instituted by the police, appellant nos. 2, 3, 4, 5, 10 and 13 are accused in the said case also, but then rest of the accused in the instant FIR are not an accused in the case instituted by the police. It is further submitted that appellant nos. 2, 3, 4, 5, 10 and 13 in the instant criminal appeal have been granted the privilege of anticipatory bail in Goh P.S. Case No. 101 of 2025. It is also submitted that the instant FIR is the second FIR. 5. Learned Special P.P. for the State as well as the learned counsel appearing on behalf of the informant opposes the appeal, but then are not in a position to rebut the submissions of the learned counsel appearing on behalf of the appellants that the instant FIR is the second FIR and for the same occurrence, the police also instituted Goh P.S. Case No. 101 of 2025. Patna High Court CR. APP (SJ) No.3027 of 2025(5) dt.04-05-2026 4/4 6. In view of the submissions made by the learned counsel for the appellants, the order dated 26.06.2025 in A.B.A. No. 1003 of 2025 passed by the learned 1st Additional Sessions Judge-cum-Special Judge S.C./S.T./Children & NDPS Act, Aurangabad in connection with Goh P.S. Case No. 103 of 2025, is hereby set aside and the appellants above-named, in the event of their arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending/successor court in connection with Goh P.S. Case No. 103 of 2025 subject to the conditions as laid down under Section 482 (2) of the BNSS. 7. Accordingly, the appeal stands allowed. Rishabh/- (Satyavrat Verma, J) U T