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2025 DAILYLAW 93816 (PAT)

Brinda Singh @ Baby Singh v. The State of Bihar

CR. APP (SJ)/3986/2024 · 2025-11-12

Sandeep Kumar

Criminal Appealbody2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.3986 of 2024 Arising Out of PS. Case No.-95 Year-2023 Thana- SC/ST District- Rohtas ====================================================== Brinda Singh @ Baby Singh S/O Kesho Singh R/O Village- Lewan, P.S. and P.O- Kachhawan, District- Rohtas ... ... Appellant/s Versus 1. The State of Bihar 2. Lalan Ram S/O Late Naresh Ram R/O Village- Kechuwan, P.S- Karakat (Godari), Distt.- Rohas. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Anil Kumar Sinha For the Respondent/s : Mrs. Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 7 12-11-2025 Heard learned counsel for the appellant, the learned Spl. P.P. for the State. None has appeared on behalf of the informant despite valid service of notice. 2. This appeal is preferred against the order dated 26.07.2024 passed by the learned District and Additional Sessions Judge-17th-cum-Special Judge, SC/ST Act, Sasaram in connection with SC/ST Dihri P.S. Case No. 95 of 2023 registered for the offence under Sections 341, 323, 379,504, 506/34 of the Indian Penal Code and under Sections 3(i)(r)(s) and 3(2)(va) of the SC/ST Act, by which the prayer of the appellant for anticipatory bail was rejected. 3. As per the prosecution case, all the accused persons Patna High Court CR. APP (SJ) No.3986 of 2024(7) dt.12-11-2025 2/3 including the appellant are accused of assaulting the informant and his son. 4. Learned counsel for the appellant 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 and therefore the application of the anticipatory bail is maintainable. He further submits due to dispute over money, the occurrence has taken place. The allegation against the appellant is general and omnibus in nature and there is no specific allegation against the appellant. 5. Learned counsel for the State and the learned counsel for the informant have vehemently opposed the prayer of the appellants. 6. From the reading of the entire FIR, it does not appear that offence has been committed against the informant and his family members on the ground that they are a member of SC/ST community and the same appears to be a mala fide prosecution. 7. In these circumstances, in the opinion of this Court, this application for grant of anticipatory bail is maintainable. 8. Considering the rival submissions of the parties and the facts of the case, this appeal stands allowed. Accordingly, Patna High Court CR. APP (SJ) No.3986 of 2024(7) dt.12-11-2025 3/3 the order dated 26.07.2024 passed by the learned District and Additional Sessions Judge-17th-cum-Special Judge, SC/ST Act, Sasaram in connection with SC/ST Dihri P.S. Case No. 95 of 2023 is hereby set aside. 9. Let the appellant, in the event of his arrest or surrender within four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned District and Additional Sessions Judge-17th-cum- Special Judge, SC/ST Act, Sasaram/concerned Court below in connection with SC/ST Dihri P.S. Case No. 95 of 2023, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the BNSS. Shishir/- (Sandeep Kumar, J) U T