IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.219 of 2025 Arising Out of PS. Case No.-69 Year-2023 Thana- SC/ST District- Lakhisarai ====================================================== Ram Pukar Sao @ Subodh Gupta S/o- Yadu Sao R/o- Piparea Ps- Piparea Dist- Lakhisarai, A/P- Prabhat Colony Chas Ps- Chas Dist- Bokaro Jharkhand ... ... Appellant/s Versus 1. The State of Bihar 2. Suryadeo Paswan S/o- Late Karam Paswan Village- Godih Ps- Kiul Dist- Lakhisarai A/P- Naya Bazar Loknath Campus Ps- Kabaiya Dist- Lakhisarai ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Mukesh Kumar, Advocate For the Respondent/s : Mr. Sadanand Paswan, SPP For the Informant : Mr. Shreekant Vaidya, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 6 03-04-2025 Heard learned counsel for the appellant, learned Special Public Prosecutor for the State, learned counsel for the informant/Respondent No. 2 and perused the case diary. 2. The instant appeal has been filed by the appellant against the order dated 16.12.2024 passed by learned District and Additional Sessions Judge-I-cum-Special Judge, SC/ST Act, Lakhisarai whereby the prayer for bail of the appellant in connection with Lakhisarai SC/ST P.S. Case No. 69 of 2023 under Sections 420, 406, 341, 323, 504/34 of the Indian Penal Code read with Sections 3(i)(r)(s) and 3(2)(va) of SC/ST Act was rejected. 3. Prosecution case, in short, is that, co-accused Vinod Yadav introduced the informant to co-accused Sunita Devi and Patna High Court CR. APP (SJ) No.219 of 2025(6) dt.03-04-2025 2/3 others, claiming that they intended to sell land. The informant paid over Rs. 4.5 lakhs as advance but later discovered the documents and identity were fake. When confronted, the accused refused to return the money and assaulted the informant. 4. Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. Learned counsel for the appellant also submits that no specific allegation has been attributed against the appellant, rather the allegation of impersonation is against co-accused Sunita Devi and the appellant has been roped only because he is the husband of co-accused Sunita Devi. It is further submitted that both the parties have amicably settled and compromised the matter outside Court and have filed joint compromise petition in the Court below on 21.10.2024. Learned counsel for the appellant further submits that the appellant has not taken the caste name of the informant in public view. Hence, no offence under the provisions of SC/ST Act is made out against him. The appellant has no intention to disgrace the image of the informant in public view. The appellant is in custody since 03.12.2024 and has no criminal antecedent. Patna High Court CR. APP (SJ) No.219 of 2025(6) dt.03-04-2025 3/3 5. Learned Special P.P. for the State has vehemently opposed the prayer for grant of bail to the appellant. Learned counsel for the informant raised no objection for grant of bail to the appellant as the matter has been amicably settled and compromised between the parties. 6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the appellant, this Court is inclined to allow this appeal. Accordingly, the appeal is allowed and order dated 16.12.2024 passed by learned District and Additional Sessions Judge-I-cum- Special Judge, SC/ST Act, Lakhisarai is hereby set aside. 7. Let the appellant 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 Lakhisarai SC/ST P.S. Case No. 69 of 2023. Rajorshi/- (Rudra Prakash Mishra, J) U T