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2025 DAILYLAW 4352 (PAT)

Sanjay Singh @ Sanjay Kumar Singh v. The State of Bihar

CR. APP (SJ)/3747/2025 · 2026-03-12

Sandeep Kumar

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.3903 of 2025 Arising Out of PS. Case No.-90 Year-2025 Thana- KUDHNI District- Muzaffarpur ====================================================== Aman Kumar Son of Sanjay Singh Resident of Village - Akhtiyarpur, Padeyan, P.S.- Kudhani, District - Muzaffarpur. ... ... Appellant/s Versus 1. The State of Bihar Bihar 2. Sone Lal @ Soni Paswan Son of Late Saryug Paswan Resident of village - Akhtiyarpur, Pedeyan, P.S.- Kudhani, District - Muzaffarpur. ... ... Respondent/s ====================================================== with CRIMINAL APPEAL (SJ) No. 3747 of 2025 Arising Out of PS. Case No.-90 Year-2025 Thana- KUDHNI District- Muzaffarpur ====================================================== 1. Sanjay Singh @ Sanjay Kumar Singh S/o Jagarnath Singh R/o vill- Akhtiyarpur, Padeyan, P.S- Kudhani, Dist- Muzzafarpur 2. Anil Singh @ Anil Kumar Singh S/o Jagarnath Singh R/o vill- Akhtiyarpur, Padeyan, P.S- Kudhani, Dist- Muzzafarpur ... ... Appellant/s Versus 1. The State of Bihar Bihar 2. Sone Lal @ Soni Paswan S/o Late Saryug Paswan R/o vill- Akhtiyarpur, Padeyan, P.S- Kudhani, Dist- Muzzafarpur ... ... Respondent/s ====================================================== with CRIMINAL APPEAL (SJ) No. 3914 of 2025 Arising Out of PS. Case No.-90 Year-2025 Thana- KUDHNI District- Muzaffarpur ====================================================== Govind Singh @ Munna Kumar Son of Sanjay Singh Resident of Village - Akhtiyarpur, Padeyan, P.S.- Kudhani, District - Muzaffarpur. ... ... Appellant/s Versus 1. The State of Bihar Bihar 2. Sone Lal @ Soni Paswan Son of Late Saryug Paswan Resident of village - Akhtiyarpur, Pedeyan, P.S.- Kudhani, District - Muzaffarpur. ... ... Respondent/s ====================================================== Patna High Court CR. APP (SJ) No.3903 of 2025(4) dt.12-03-2026 2/4 Appearance : (In CRIMINAL APPEAL (SJ) No. 3903 of 2025) For the Appellant/s : Mr.Sunil Kumar Singh For the Respondent/s : Mr.Sadanand Paswan (In CRIMINAL APPEAL (SJ) No. 3747 of 2025) For the Appellant/s : Mr.Sunil Kumar Singh For the Respondent/s : Mr.Sadanand Paswan (In CRIMINAL APPEAL (SJ) No. 3914 of 2025) For the Appellant/s : Mr.Sunil Kumar Singh For the Respondent/s : Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 4 12-03-2026 Heard the parties in all the aforesaid cases. 2. This appeal is preferred against the order dated 21.08.2025 passed in ABP No. 2562 of 2025 in Kudhani P.S. Case No. 90 of 2025 registered for the offence under Sections 126(2), 115(2), 117(2), 109, 76, 303(2), 352, 351(2), 351(3), 3(5) of the BNS, under Sections 25(1-b)a, 26, 35, 27 and under sections 3(1)(r),(s) of S.C/S.T. (POA) Act by which anticipatory bail filed by the appellants has been rejected. 3. As per the prosecution case, it has been alleged by the informant that the accused persons started abusing the informant and his family and when they protested about the same, the accused persons assaulted and fired. 4. Learned counsel for the appellants submits that the appellant has falsely been implicated in this case and no offence under the provisions of SC/ST Act is made out in this case as the occurrence has taken place because of a trivial dispute between the parties and therefore the application of the Patna High Court CR. APP (SJ) No.3903 of 2025(4) dt.12-03-2026 3/4 anticipatory bail is maintainable. 5. Learned counsel for the State and Informant has opposed the prayer of the appellant. 6. From the reading of the entire FIR it does not appear that offence has been committed against the informant on the ground that she is a member of SC/ST community and primarily, it appears that the occurrence has taken place because of a trivial dispute and not because of the fact that the informant is a member of SC/ST community, this application for grant of anticipatory bail is held to be maintainable. 7. Considering the facts of the case and the rival submissions of the parties as well as the fact that the bullet fired by the accused persons did not hit anyone, all the aforesaid appeals are allowed and accordingly, the order dated 21.08.2025, is hereby set aside. 8. Let all the aforesaid appellants, in the event of their arrest or surrender within four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge-SC/ST (POA) Act, Muzaffarpur,/concerned Court below in connection with Kudhani P.S. Case No. 90 of 2025, subject to the conditions laid Patna High Court CR. APP (SJ) No.3903 of 2025(4) dt.12-03-2026 4/4 down under Section 438(2) of the Code of Criminal Procedure/482(2) of the BNSS. Vikas/- (Sandeep Kumar, J) U