Patna High CourtCR. APP (SJ)/301/2025allowed

Gopal Kumar @ Gopali Mahto @ Gopali Mahtoki v. The State Of Bihar

2025-11-20Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.301 of 2025 Arising Out of PS. Case No.-190 Year-2024 Thana- KARAI PARSURAI District- Nalanda ====================================================== Gopal Kumar @ Gopali Mahto @ Gopali Mahtoki S/O Domu Mahto Resident of vill.-Chhitarbigaha, PS- Karai Parsurai, Dist- Nalanda ... ... Appellant/s

Versus

The State Of Bihar 2.

Dharm Sheela Devi W/O Mangal Manjhi Resident of vill.-Chhitarbigaha, PS- Karai Parsurai, Dist- Nalanda ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Kumari Anupam For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 20-11-2025 Heard learned counsel for the appellant, learned counsel for the Informant and learned Spl. P.P. for the State.

2. This appeal is preferred against the order dated 10.12.2024 passed in ABP No. 2035 of 2024 in connection with Karai Parsurai P.S. Case No. 190 of 2024 registered under Sections 126(2), 115(2), 326(g), 324(4), 74, 352, 351(2), 3(5) of the BNS and under Section 3(i)(r)(s)/3(2)(va) of the SC/ST Act by which the prayer of the appellant for grant of anticipatory bail has been rejected.

3. As per the prosecution case, the appellant is alleged to have assaulted the informant because of trivial dispute and have abused her by taking caste name.

Patna High Court CR. APP (SJ) No.301 of 2025(3) dt.20-11-2025 2/3

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 as the occurrence has taken place because of trivial dispute and therefore the application of the anticipatory bail is maintainable.

5. Learned counsel for the State and learned counsel for the informant have 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 the occurrence has taken place because of trivial dispute on the issue of demanding matchstick box.

7. In these circumstances, this application for grant of anticipatory bail is held to be maintainable.

8. Considering the facts of the case and the rival submissions of the parties, this appeal is allowed and accordingly, the order dated 10.12.2024 passed in ABP No. 2035 of 2024 in connection with Karai Parsurai P.S. Case No. 190 of 2024, 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)

Patna High Court CR. APP (SJ) No.301 of 2025(3) dt.20-11-2025 3/3 each with two sureties of the like amount each to the satisfaction of the learned Court of ADJ-VI-cum-Speical Judge, SC/ST Act, Nalanda at Biharsharif/concerned Court below in connection with Karai Parsurai P.S. Case No. 190 of 2024, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure/482(2) of the BNSS.

(Sandeep Kumar, J) Vikas/- U