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2025 DAILYLAW 98561 (PAT)

Rajendra Singh v. The State of Bihar

CR. APP (SJ)/2168/2025 · 2025-11-25

Sandeep Kumar

Criminal Appealbody2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2168 of 2025 Arising Out of PS. Case No.-174 Year-2024 Thana- DINARA District- Rohtas ====================================================== 1. Rajendra Singh S/o- Late Laldhari Singh Village- Sarna, PS- Dinara , Dist- Rohtas 2. Pradeep Singh @ Pradeep Kumar Singh S/o- Rambachan Singh Village- Sarna, PS- Dinara , Dist- Rohtas 3. Ravi Singh @ Ravi Ranjan Singh S/o- Rambachan Singh Village- Sarna, PS- Dinara , Dist- Rohtas 4. Ravindra Singh S/o- Late Dipti Singh @ Digree Singh Village- Sarna, PS- Dinara , Dist- Rohtas 5. Rakesh Singh @ Rakesh Kumar Singh S/o- Bideshi Singh Village- Sarna, PS- Dinara , Dist- Rohtas 6. Rajesh Singh S/o- Bideshi Singh Village- Sarna, PS- Dinara , Dist- Rohtas 7. Bhola Singh @ Saroj Singh S/o- Naresh Singh @ Ram Naresh Singh Village- Sarna, PS- Dinara , Dist- Rohtas 8. Chhotelal Singh S/o- Late Ayaman Singh Village- Sarna, PS- Dinara , Dist- Rohtas 9. Balkeshwar Singh S/o- Late Kamta Singh Village- Sarna, PS- Dinara , Dist- Rohtas ... ... Appellant/s Versus 1. The State of Bihar Bihar 2. Ashok Paswan S/o- Panchkauri Paswan Village- Sarana, Rehi , PS-Dinara , Dist- Rohtas ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Rajani Kant Singh For the Respondent/s : Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 4 25-11-2025 Heard the parties including the learned counsel for the informant. 2. This appeal is preferred against the order dated 22.04.2025 passed by the learned Additional District and Sessions Judge-cum-Special Judge SC/ST, Rohtas at Sasaram in Patna High Court CR. APP (SJ) No.2168 of 2025(4) dt.25-11-2025 2/3 connection with Dinara P.S. Case No. 174 of 2024 registered for the offence under Sections 147, 149, 341, 323, 379, 504, 506 of the Indian Penal Code and under section 3(1)(r)(s) of S.C/S.T. (POA) Act by which anticipatory bail filed by the appellants has been rejected. 3. As per the prosecution case, for a trivial dispute over financing, the appellants are said to have assaulted the prosecution side and have abused by taking caste name. 4. Learned counsel for the appellants submits that the appellant has falsely been implicated in this case due to previous enmity and no offence under the provisions of SC/ST Act is made out in this case as the occurrence has taken place because of a trivial dispute and therefore the application of the anticipatory bail is maintainable. 5. Learned counsel for the State has opposed the prayer of the appellant. 6. From the reading of the entire FIR it does not appear that offence has been committed against the informant on the ground that she is a member of SC/ST community and primarily, it appears that for a trivial dispute the occurrence has taken place and therefore, this application for grant of anticipatory bail is held to be maintainable. Patna High Court CR. APP (SJ) No.2168 of 2025(4) dt.25-11-2025 3/3 7. Considering the facts of the case and the rival submissions of the parties, this appeal is allowed and accordingly, the order dated 22.04.2025 passed by the learned Additional District and Sessions Judge-cum-Special Judge SC/ST, Rohtas at Sasaram in connection with Dinara P.S. Case No. 174 of 2024, is hereby set aside. 8. Let the appellants, in the event of their arrest or surrender within four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-cum- Special Judge SC/ST, Rohtas at Sasaram/concerned Court below in connection with Dinara P.S. Case No. 174 of 2024, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure/482(2) of the BNSS. Vikas/- (Sandeep Kumar, J) U