Abhishek Kumar Rai @ Abhishek Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1799 of 2023 Arising Out of PS. Case No.-592 Year-2022 Thana- GARKHA District- Saran ====================================================== 1.

Abhishek Kumar Rai @ Abhishek Kumar Yadav Son Of Uma Shankar Rai R/O Village- Janaki Nagar, P.S.- Garkha, District- Saran 2.

Sachin Kumar Ray @ Sachin Kumar Son Of Jawahar Ray R/O VillageJanaki Nagar, P.S.- Garkha, District- Saran 3.

Kundan Kumar @ Kundan Kumar Rai Son Of Bachcha Rai R/O VillageJanaki Nagar, P.S.- Garkha, District- Saran 4.

Upendra Kumar Rai Son Of Bachcha Rai R/O Village- Janaki Nagar, P.S.- Garkha, District- Saran 5.

Akash Kumar Rai @ Akash Kumar Son Of Guli Rai R/O Village- Janaki Nagar, P.S.- Garkha, District- Saran ... ... Appellants

Versus

1.

The State of Bihar 2.

Akhilesh Kumar Manjhi Son Of Anil Kumar Manjhi R/O Village- Janaki Nagar, P.S.- Garkha, District- Saran ... ... Respondents ====================================================== Appearance :

For the Appellants :

Mr. Ravi Prakash, Advocate For the Respondents :

Mr. Binay Krishna, Spl. P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 11-11-2025 Heard learned counsel for the appellants and learned Spl. P.P. for the State.

2.

Despite valid service of notice none appears for the opposite party no.2 (informant).

3.

This appeal is preferred against the order dated 03.01.2023 passed by the learned 3rd Additional Sessions Judge-cum-Special Judge, S.C./S.T./M.P./MLA, Saran at Chapra, in connection with Garkha P.S. Case No. 592 of 2022

Patna High Court CR. APP (SJ) No.1799 of 2023(7) dt.11-11-2025 2/3 registered for the offence under sections 341, 323, 324, 354(B), 504/34 of the Indian Penal Code and under sections 3(1)(r)(s) (w)/3(2)(v) of the S.C./S.T. Act., by which the prayer of the appellants for grant of anticipatory bail has been rejected. 4.

Allegation against the appellants is of abusing the informant by saying his caste name and also assaulting him.

5.

A supplementary affidavit has been filed on behalf of the appellant bringing on record the certified copy of the joint compromise petition filed in the Court below. It is submitted by learned counsel for the appellants that the dispute has been amicably resolved good relation among the parties has been restored.

6.

Since both the parties have amicably settled the dispute and they have also filed a joint compromise petition in the court below, this appeal is allowed. Accordingly, the impugned order dated 03.01.2023 passed by the learned 3rd Additional Sessions Judge-cum-Special Judge, S.C./ S.T./ M.P./ MLA, Saran at Chapra, in connection with Garkha P.S. Case No. 592 of 2022 is hereby set aside.

7.

Let the appellants, in the event of their arrest or surrender within four weeks from today, be released on bail

Patna High Court CR. APP (SJ) No.1799 of 2023(7) dt.11-11-2025 3/3 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 3rd Additional Sessions Judge-cum-Special Judge, S.C./ S.T./ M.P./ MLA, Saran at Chapra/ concerned court below, in connection with Garkha P.S. Case No. 592 of 202, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure/482(2) of the BNSS.

(Sandeep Kumar, J) pawan/- U T