Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.4613 of 2023 Arising Out of PS. Case No.-197 Year-2023 Thana- DIGHWARA District- Saran ====================================================== Saurabh Kumar Son of Rajeev Kumar Singh @ Fantu Singh Resident of Village - Ismela Chakardahwan, P.S.- Dighwara, District - Saran (Chapra). ... ... Appellant/s Versus
1. The State of Bihar
2. Dharmendra Manjhi Son of Raghunath Manjhi Resident of Village - Ismela, P.S.- Dighwara, District - Saran (Chapra). ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Ram Kishore Singh, Advocate For the State : Mr. Sadanand Paswan, Spl.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 5 29-07-2025 Heard Mr. Ram Kishore Singh, learned counsel for the appellant and Mr. Sadanand Paswan, learned Spl.P.P. for the State. 2. Despite valid service of notice, no one appears on behalf of respondent no. 2. 3. This is an appeal under Sections 14(A)(2) against refusal of the prayer for anticipatory bail by order dated 28.08.2023 passed by the learned Court of Exclusive Special Judge, SC/ST (POA) Act, Saran (Chapra) in connection with Dighwara P.S. Case No. 197 of 2023, F.I.R. dated 09.06.2023 registered under Sections 341, 323, 324, 354, 504, 447, 506, 34 of the Indian Penal Code and Sections 3(i)(r), 3(i)(s) and 3(2)
Patna High Court CR. APP (SJ) No.4613 of 2023(5) dt.29-07-2025 2/3 (va)of the Scheduled Castes and Scheduled Tribes (POA) Act. 4. According to the prosecution case, the appellant along with other co-accused persons is said to have abused the informant using his caste name, assaulted him with knife and tried to kill him by strangulating him by wrapping gamchha. It is further alleged that accused persons are said to have assaulted the informant's wife and tried to outraged her modesty. 5. Learned counsel for the appellant submits that appellant is innocent and he has falsely been implicated in the present case. The allegation as alleged in the FIR is false and fabricated and the appellant has not committed any offence as alleged in the FIR. He further submits that there is case and counter case between the parties. 6.
Learned Special Public Prosecutor for the State, on the other hand, on the basis of materials available on record and case diary has vehemently opposed the prayer for bail of the appellant and submits that from a bare perusal of the FIR, it appears that there is direct and specific allegation against the appellant that he has inflicted knife blow upon the informant and informant has received injuries. Altogther, informant received three injuries and out of three injuries, two are simple in nature and one is grievous in nature. Apart from that the
Patna High Court CR. APP (SJ) No.4613 of 2023(5) dt.29-07-2025 3/3 appellant carries one more case other than the present one but fairly submits on the basis of paragraph 3 of the bail application, the appellant is on bail in the pending matter. 7. Considering the facts and circumstances of the case, I am not inclined to grant the privilege of anticipatory bail to the appellant in connection with Dighwara P.S. Case No. 197 of 2023 pending in the Court of learned Court of Exclusive Special Judge, SC/ST (POA) Act, Saran (Chapra)
8. Accordingly, the impugned order is affirmed and this appeal stands dismissed. priyanka/- (Rajesh Kumar Verma, J) U T