Neeraj Kumar Roy @ Niraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1266 of 2024 Arising Out of PS. Case No.-618 Year-2023 Thana- BARAUNI District- Begusarai ====================================================== NEERAJ KUMAR ROY @ NIRAJ KUMAR S/O- LATE SHAMBHU MANI ROY R/O- VILLAGE- HARPUR, WARD NO.- 14, P.S.- BARAUNI, DIST.- BEGUSARAI.

... ... Appellant/s

Versus

1.

THE STATE OF BIHAR 2.

UPENDRA KUMAR S/O- LATE PRAMESHWAR DAS R/O- VILLAGESIRAJA, WARD NO.- 10, P.O.- SIRAJAVAD, P.S.- BALIA, DIST.- BEGUSARAI.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Surya Narayan Roy, Adv.

For the Respondent/s :

Mr. Sadanand Paswan, Special PP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-09-2025

1. Heard learned counsel for the appellant, learned Special P.P. for the State and the learned counsel appearing on behalf of the respondent no. 2.

2. This is an appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for anticipatory bail vide order dated 22.01.2024 in A.B.A. No. 34 of 2024 passed by the learned Exclusive Special Judge S.C./S.T. (POA) Act, Begusarai in connection with Barauni P.S. Case No. 618 of 2023 registered for the offences punishable under Sections 323, 406, 420 and 504 of the Indian Penal Code read with Section 27 of the Arms

Patna High Court CR. APP (SJ) No.1266 of 2024(3) dt.17-09-2025 2/3 Act as well as Sections 3(1)(X) of the SC/ST Act.

3. Learned counsel for the appellant submits that appellant is a person with clean antecedent and from perusal of the allegation as alleged in the FIR, it would manifest that on account of dispute relating to money, the instant case has been instituted with exaggerated allegation of abuse and assault.

4. At this stage, the learned counsel appearing on behalf of the respondent no. 2 submits that he has instructions not to oppose the appeal.

5. Considering the submissions made by the learned counsel appearing on behalf of the respondent no. 2, the order dated 22.01.2024 in A.B.A. No. 34 of 2024 passed by the learned Exclusive Special Judge S.C./S.T. (POA) Act, Begusarai in connection with Barauni P.S. Case No. 618 of 2023, is hereby set aside and the appellant above-named, in the event of his arrest or surrender before the learned Trial Court within a period of six weeks from today, be released on anticipatory 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 court below where the case is pending/successor court in connection with Barauni P.S. Case No. 618 of 2023, subject to the conditions as laid down under Section 482 (2) of

Patna High Court CR. APP (SJ) No.1266 of 2024(3) dt.17-09-2025 3/3 the BNSS.

6. Accordingly the appeal stands allowed.

(Satyavrat Verma, J) Rishabh/- U T