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2025 DAILYLAW 97943 (PAT)

Jai Prakash Rai v. The State of Bihar

CR. APP (SJ)/3207/2024 · 2025-11-18

Prabhat Kumar Singh

Criminal Appealbody2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.3207 of 2024 Arising Out of PS. Case No.-180 Year-2024 Thana- DUMRAO District- Buxar ====================================================== 1. Jai Prakash Rai S/o Ramashish Rai R/o Muhalla - Lalganj Kadbi Dumraon, P.s. - Dumraon, Distt. - Buxar 2. Rana Pratap Rai S/o Nandlal Rai R/o Muhalla - Lalganj Kadbi Dumraon, P.s. - Dumraon, Distt. - Buxar ... ... Appellant/s Versus 1. The State of Bihar 2. Vinay Kumar S/o Late Vijay Ram R/o Muhalla - Lalganj Kadbi Dumraon, P.S. - Dumraon, Distt. - Buxar ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Dr. Kamal Deo Sharma, Advocate For the Respondent/s : Mrs. Usha Kumari 1, Spl. Public Prosecutor For the R.No. 2 : Mr. Parijat Saurav, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 6 18-11-2025 Heard learned counsel for the appellants, respondent no. 2 and the State. 2. This appeal has been filed against the order dated 01.07.2024 passed by learned Additional Sessions Judge-1-cum- Special Judge, SC/ST (POA) Act, Buxar in ABP No. 738 of 2024 arising out of Dumraon P.S. Case No. 180 of 2024 registered under Sections 323, 341, 504, 506, 147, 149 of the Indian Penal Code and Section 3(i)(a), 3(i)(r), 3(i)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of appellants has been rejected. Patna High Court CR. APP (SJ) No.3207 of 2024(6) dt.18-11-2025 2/3 3. As per prosecution case, appellant no. 1 abused informant by caste name and threatened him with dire consequences. 4. Learned counsel for the appellant submits that appellants are innocent and have committed no offence. It is further submitted that due to petty dispute, altercation took place between the parties. Case and counter case. There is no allegation of assault or abuse by caste name against appellant no. 2 as such, no case under SC/ST Act is made out against him. Appellants claim clean antecedent. 5. Learned Spl. Public Prosecutor for the State as well as learned counsel for the respondent no. 2 vehemently opposed the bail application. 6. Considering the specific accusation that appellant no. 1 abused informant by caste name that too within public view, prayer for anticipatory bail of above named appellant no. 1 is refused. 7. Considering the nature of accusation and clean antecedent, let the appellant no. 2, as named above, in the event of his arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount Patna High Court CR. APP (SJ) No.3207 of 2024(6) dt.18-11-2025 3/3 each to the satisfaction of Additional Sessions Judge-1-cum- Special Judge, SC/ST (POA) Act, Buxar in ABP No. 738 of 2024 arising out of Dumraon P.S. Case No. 180 of 2024. 8. Accordingly, this criminal appeal is allowed and impugned order dated 01.07.2024 is set aside with respect to appellant no. 2 only. Navya/- (Prabhat Kumar Singh, J) U T