Mintu Singh @ Ajeet Singh @ Ajeet Kumar Singh v. The State of Bihar
CR. APP (SJ)/2463/2025 · 2026-08-13
Prabhat Kumar Singh
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 7552 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7552 (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.2463 of 2025 Arising Out of PS. Case No.-240 Year-2025 Thana- SONEPUR District- Saran ====================================================== Mintu Singh @ Ajeet Singh @ Ajeet Kumar Singh Son of Upendra Singh village - Naya Tola Mirjapur, P. S - Sonpur, District - Saran ... ... Appellant/s Versus
1. The State of Bihar
2. Nirmala Devi Daughter of Late Vimal Paswan village - Naya Tola Mirjapur, P. S - Sonpur, District - Saran ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Bindhyachal Singh, Sr.Adv. with Mr. Hemant Kumar, Adv., Mr. Rakesh Kr.,Adv. For the Respondent/s : Mrs.Usha Kumari 1, Spl.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 5 13-08-2026 Heard learned senior counsel for the appellant and learned Special P.P. for of the State. Despite valid service of notice, nobody appears on behalf of respondent no. 2. 2. This appeal has been filed against an order, passed by learned Exclusive Special Judge, SC/ST Act, Chapra, Saran in a case registered under Sections 126(2), 115(2), 303(2), 118(2), 352, 351(2), 351(3), 3(5) of the B.N.S. and Section 3(i)(r)(s) of the SC/ST Act, whereby the prayer for anticipatory bail of appellant has been rejected. 3. As per prosecution case, on 14.03.2025, this appellant along with other accused persons named in the F.I.R. arrived at the informant's house and due to land dispute, started
Patna High Court CR. APP (SJ) No.2463 of 2025(5) dt.13-08-2026 2/3 abusing him with caste name and on protest, they assaulted informant and other family members. It is further alleged that accused persons snatched gold mangalsutra from the neck of Sarita Devi and also took away cash of Rs. 3000/- from the house of Savita Devi. This appellant is alleged to have assaulted other family members of the informant by sword causing injuries to them. Thereafter, all were taken to Sadar Hospita, Hajipur, for treatment. 4. Learned senior counsel for the appellant submits that appellant has been falsely implicated in this case. There is delay of three days in lodging the F.I.R. As per F.I.R. itself, due to land dispute between the parties, maarpeet took place in which both sides sustained injuries. Case and counter case. Allegation of assault is general and omnibus and no specific overt act has alleged against this appellant.
He further submits that the alleged occurrence did not take place within the public view and as such, no case under the SC/ST Act is made out. Appeal, filed by similarly situated co-accused Ashok Singh & Bittu Kumar, has already been allowed by a coordinate Bench of this Court, vide order dated 25.02.206 passed in Cr.Appeal (SJ) No. 2490/2025. 5. Learned Spl. Public Prosecutor for the State
Patna High Court CR. APP (SJ) No.2463 of 2025(5) dt.13-08-2026 3/3 opposes the appeal. 6. However, considering the aforesaid facts and circumstances, the impugned order is, hereby, set aside and this appeal is allowed. 7. Let the appellant, as named above, in the event of arrest or surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, SC/ST Act, Chapra, Saran in connection with Sonpur P.S. Case No. 240 of
2025. anay/- (Prabhat Kumar Singh, J) U T