IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.4954 of 2024 Arising Out of PS. Case No.-134 Year-2024 Thana- PAROO District- Muzaffarpur ====================================================== Rajkumar Sahni S/o Amerikan Sahni R/o vill - Koiriya Khas, P.S. - Paroo, Distt.- Muzaffarpur ... ... Appellant/s Versus 1. The State of Bihar 2. Ravindra Paswan S/o Mahendra Paswan R/o vill - Gaddopur, P.S. - Paroo, Distt.- Muzaffarpur ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Shambhoo Kumar Suman, Adv. For the State : Mr. Sadanand Paswan, SPP For the Informant : Mr. uday prakash sharma, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 3 18-01-2025 Heard learned counsel for the appellant, learned Special Public Prosecutor for the State and learned counsel for the informant. Perused the case diary. 2. The instant appeal has been filed by the appellant against the order dated 21.08.2024 passed by learned Special Judge SC/ST (POA) Act, Muzaffarpur whereby the prayer for bail of the appellant in connection with Paroo P.S. Case No. 134 of 2024 under Sections 147, 148, 341, 323, 324, 37, 504, 506 of the I.P.C. read with Sections 3(i)(r)(s) of the SC/ST (POA) Act, was rejected. 3. As per prosecution case, the accusation against the accused persons including the appellant is of inflicting serious Patna High Court CR. APP (SJ) No.4954 of 2024(3) dt.18-01-2025 2/3 injuries on the vital parts of the Informants and his brother by hitting them by means of lathi-danda, bhala and farsa on their heads. 4. Learned counsel for the appellant submits that the appellant is innocent and has committed no offence as alleged in the F.I.R. and has falsely been implicated in the present case. There is a case and counter case between the parties and the present case is the counter blast to the Paroo P.S. Case No. 120 of 2024 lodged by the appellant side on 02.05.2024. He further submits that the present occurrence took place at the spur of moment agitated by the Informant side. Charge-sheet has been submitted in this case. There is no specific or direct allegation of assault against the appellant rather the same is general and omnibus in nature. Learned counsel for the appellant further submits that the occurrence has taken place at public view and, hence, the offence under the provisions of SC/ST Act is not attracted against the appellant. The appellant is in custody since 05.08.2024 and has no criminal antecedent. 5. Learned Special P.P. for the State and the informant have vehemently opposed the prayer for grant of bail to the appellant, stating that the offence alleged against the appellant is serious in nature and, hence, the appellant does not deserve bail. Patna High Court CR. APP (SJ) No.4954 of 2024(3) dt.18-01-2025 3/3 6. Having heard learned counsel for the parties and considering the aforesaid facts and circumstances of the case, the period of custody undergone by the appellant and the appellant having no criminal antecedent, this Court is inclined to allow this appeal. Accordingly, the appeal is allowed and the order dated 21.08.2024 passed by learned Special Judge SC/ST (POA) Act, Muzaffarpur is hereby set aside. 7. Let the appellant, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Paroo P.S. Case No. 134 of 2024. rishi/- (Rudra Prakash Mishra, J) U T