Om Narayan Singh @ Om Narayan Prasad v. The State of Bihar
CR. APP (SJ)/1101/2025 · 2026-04-03
Sandeep Kumar
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 4214 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 4214 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1101 of 2025 Arising Out of PS. Case No.-230 Year-2023 Thana- KHANPURA District- Samastipur ====================================================== Om Narayan Singh @ Om Narayan Prasad S/O Bilat Mahto @ Bilat Prasad @ Vilat Mahto R/O Village- Dekari (Chakawakhar), P.S- Khanpur, Dist.- Samastipur. ... ... Appellant/s Versus
1. The State of Bihar
2. Rajgir Ram S/O Late Faguni Ram R/O Village- Masina Sobhan (Maina), P.S- Khanpur, Distt.- Samastipur. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Pramod Kumar Singh, Advocate For the Respondent/s : Ms.Usha Kumari 1, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 3 03-04-2026 Heard learned counsel for the parties.
2. The present appeal has been filed against the
order dated 11.12.2024 passed by the learned Special Judge SC/ST (POA) Act, Samastipur in A.B.P. No. 3337 of 2024 arising out of Khanpur P.S. Case No. 230 of 2023 dated 01.09.2023 instituted for the offences under Sections 147, 149, 341, 323, 354, 379, 504, 506 of the I.P.C. and Sections 3(1)(r), 3(1)(s), 3(2)(va), 3(1)(w) of the SC/ST Act pending in the court of Special Judge SC/ST (POA) Act, Samastipur by which the prayer of the appellant for bail has been rejected.
3. As per the prosecution case, appellant along with others is alleged to have disturbed the possession of the
Patna High Court CR. APP (SJ) No.1101 of 2025(3) dt.03-04-2026 2/3 informant and other victim.
4. Learned counsel for the appellant submits that there is general and omnibus allegations against the appellant of offences under SC/ST Act and other sections.
5. Learned counsel for the appellant further submits that from reading of the F.I.R., it appears that primarily this is case of land dispute which has been given the colour of a dispute under SC/ST Act.
6. In these circumstances, considering the fact that there is general and omnibus allegation against the appellant, this appeal is allowed. Accordingly, the impugned order dated 11.12.2024 passed by the learned Special Judge SC/ST (POA) Act, Samastipur in A.B.P. No. 3337 of 2024 arising out of Khanpur P.S. Case No. 230 of 2023 is hereby set aside.
7. Let the appellant, above named, in the event of their arrest/surrender within four weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge SC/ST (POA) Act, Samsatipur/concerned Court below in connection with Khanpur P.S. Case No. 230 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of
Patna High Court CR. APP (SJ) No.1101 of 2025(3) dt.03-04-2026 3/3 Criminal Procedure.
8. This application stands allowed.
tusharika/- (Sandeep Kumar, J) U T