Suraj Kumar @ Anna v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1778 of 2025 Arising Out of PS. Case No.-115 Year-2024 Thana- KAJRA District- Lakhisarai ====================================================== Suraj Kumar @ Anna S/O Bharat Mandal R/O Vill.- Sahmalpur, Post- Kajra, P.s.- Kajra, Dist.- Lakhisarai ... ... Appellant/s

Versus

1.

The state of Bihar 2.

Anupam Kumar @ Motilal Rajak S/O Ram Charitra Rajak R/O Vill.- Urain, P.s.- Kajra, Dist.- Lakhisarai ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Santosh Kumar Pandey, Adv.

For the Respondent/s :

Mr. Sadanand Paswan, SPP For the Resp. No.2 :

Mr. Narendra Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-06-2025 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State as also learned counsel for 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 in short referred to as the 'SC/ST Act') against the refusal of prayer for bail vide order dated 17.04.2025 passed by learned Addl. District and Sessions Judge-I-cum-Special Judge SC/ST Act-I, Lakhisarai in connection with Kajra P.S. Case No. 115 of 2024 registered under Sections 115(2), 126(2), 109, 308(5), 324(2), 352, 351(3) and 3(5) of B.N.S,2023 and Section 3(i) (r) (s), 3(2)(va) of the

Patna High Court CR. APP (SJ) No.1778 of 2025(3) dt.26-06-2025 2/3 Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

3. As per prosecution case, the informant states that six accused persons had intercepted the informant and damaged his vehicle and thereafter the accused started calling him by caste name and rangdari was also demanded.

4. It is submitted by learned counsel for the appellant that the allegations in the F.I.R are not correct and as a matter of fact the vehicle of the informant had been dashed by one of the motorcycles which was being driven by another person and hence, the present case was lodged. It is further submitted that due to intervention of the well-wishers, the matter had been compromised between the parties and Annexure-P/2 to the present application is the compromise petition whereby it has been stated by the informant that the parties do not want to pursue the case. The appellant had suo motu surrendered on 28.03.2025 and is in custody since then. Learned counsel for the appellant further submits that the co-accused Ankit Kumar @ Chhotu Kumar @ Chhotu has already been granted regular bail vide order dated 29.05.2025 passed by a Co-ordinate Bench of this Court in Cr. Appeal (SJ) No. 1882 of 2025.

5. Learned Spl. PP for the State opposed the prayer for

Patna High Court CR. APP (SJ) No.1778 of 2025(3) dt.26-06-2025 3/3 bail, however, learned counsel for the informant has no objection with respect to grant of bail to the appellant.

6. Accordingly, the impugned order dated 17.04.2025 passed by learned Addl. District and Sessions Judge-I-cumSpecial Judge SC/ST Act-I, Lakhisarai, is set aside.

7. Let the appellant be released on bail on furnishing bail bond of Rs. 10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the District and Additional Sessions Judge-I-cum-Special Judge SC/ST Act, Lakhisarai in connection with Kajra P.S. Case No. 115 of 2024.

8. The appeal is allowed.

(Rudra Prakash Mishra, J) rishi/- U T