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2025 DAILYLAW 2576 (PAT)

Sajjan Thakur @ Sajan Thakur v. The State of Bihar

CR. APP (SJ)/4439/2025 · 2026-02-23

Nawneet Kumar Pandey

Criminal Appealbody2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.4439 of 2025 Arising Out of PS. Case No.-305 Year-2025 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== 1. Sajjan Thakur @ Sajan Thakur S/o Vilash Thakur @ Vilas Thakur R/o village - Panchayat Baghari @ Baghari, ward no. 4, Manorathi Tola, P.S. - Runnisaidpur, Dist.- Sitamarhi 2. Subodh Rai @ Subodha Ray @ Subodh Kumar Ray S/o Deeplal Rai @ Satya Narayan Ray R/o village - Panchayat Baghari @ Baghari, ward no. 4, Manorathi Tola, P.S. - Runnisaidpur, Dist.- Sitamarhi ... ... Appellant/s Versus 1. The State of Bihar Bihar 2. Shivchandra Ram S/o Uchit Ram R/o village - Panchayat Baghari @ Baghari, P.S. - Runnisaidpur, Dist.- Sitamarhi ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Santosh Kumar For the Respondent/s : Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 3 23-02-2026 Heard learned counsel for the appellants and learned Special PP for the State. 2. The present appeal has been preferred against the order dated 11-09-2025 in connection with Runnisaidpur P.S. Case No. 305 of 2025 for an offence u/s 115(2), 126, 303(2), 79, 3(5) BNS and 3(1)(r), 3(1)(s) SC/ST (POA) Act whereby and whereunder, anticipatory bail of the appellants/petitioners was refused by learned Additional District & Sessions Judge-Ist- cum-Special Judge, SC/ST (POA) Act, Sitamarhi in A.B.P. No. 57 of 2025. Patna High Court CR. APP (SJ) No.4439 of 2025(3) dt.23-02-2026 2/3 3. Allegedly, the informant went to the house of appellant No. 1 (husband of the Mukhiya) for demanding Nal Jal scheme, where the appellant No. 1 is said to have uttered the informant calling his caste name whereas the appellant No. 2 is said to have assaulted the informant. 4. Learned counsel for the appellant has submitted that there is no reason for delay of 22 days in lodging the FIR. The appellants’ side has also lodged a case which is earlier to the present case and being infuriated by the case lodged by the appellants’ side, the present case has been lodged due to political rivalry. The appellant No. 1 is husband of Mukhiya and the informant is is the former ward member. 5. On the otherhand, learned counsel appearing for the informant has opposed the prayer for anticipatory bail. 6. There is no explanation of delay of 22 days in lodging the FIR. 7. Considering the above-mentioned facts and circumstances, the appeal is allowed and the impugned order dated 11-09-2025 passed in connection with Runnisaidpur P.S. Case No. 305 of 2025 is set aside. 8. Accordingly, let the appellants, above named, in the event of arrest/surrender before the learned court below within a Patna High Court CR. APP (SJ) No.4439 of 2025(3) dt.23-02-2026 3/3 period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-Ist-cum-Special Judge, SC/ST (POA) Act, Sitamarhi in connection with Runnisaidpur P.S. Case No. 305 of 2025. A.K.V.//- (Nawneet Kumar Pandey, J) U T