Bhaskar Jha @ Anku @ Bidhayak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1793 of 2025 Arising Out of PS. Case No.-141 Year-2024 Thana- KATIHAR NAGAR District- Katihar ====================================================== Bhaskar Jha @ Anku @ Bidhayak S/O Bishnudeo Jha R/O Village- Nepra, P.S- Dandkhora, Dist.- Katihar.

... ... Appellant/s

Versus

1.

The State of Bihar 2.

Dinesh Paswan S/O Late Gorelal Paswan R/O Village- Driver Tola, P.SKatihar Town, Distt.- Katihar. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Ajay Thakur, Adv.

Ms. Vaishnavi Singh, Adv.

Mr. Ritwik Thakur, Adv.

Mr. Vivekanand Jha, Adv.

For the Respondent/s :

Mr. Sadanand Paswan, S.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-08-2025

1. Heard the learned counsel for the appellant Mr. Ajay Thakur and the learned Special P.P. Mr. Sadanand Paswan and the learned Senior counsel appearing on behalf of the informant Mr. Anshul.

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 bail vide order dated 05.04.2025 in connection with Katihar Nagar P.S. Case No.141/2024 dated 06.03.2024, passed by the learned District and Additional Sessions Judge-I-cum-Special Judge, SC/ST Act,

Patna High Court CR. APP (SJ) No.1793 of 2025(5) dt.01-08-2025 2/3 Katihar, registered under Sections 302, 120(B), 34 of the Indian Penal Code as well as Sections 3(2)(v) of the SC/ST Act and 25(1-B), 26, 27 and 35 of the Arms Act.

3. Learned counsel for the appellant submits that appellant had earlier moved before this Court seeking regular bail by filing Cr. Appeal (SJ) No.528/2025 and the same was permitted to be withdrawn after recording a detailed order giving liberty to the appellant to renew his prayer for bail after framing of charge by an order dated 19.03.2025. The learned counsel next submits that the instant regular bail application has been filed in terms of the liberty granted to the appellant by an order dated 19.03.2025 in Cr. Appeal (SJ) No.528/2025 as charges against the appellant stands framed by an order dated 03.04.2025.

4. The learned Special Public Prosecutor Mr. Sadanand Paswan and the learned Senior counsel appearing on behalf of the informant opposes the prayer for regular bail of the appellant.

5. Considering the submission of the learned counsel for the appellant, the order impugned is set aside. Let the appellant, above named, be released on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two

Patna High Court CR. APP (SJ) No.1793 of 2025(5) dt.01-08-2025 3/3 sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with the aforesaid case.

6. Further, one of the bailors of the appellant shall be his father, namely, Bishnudeo Jha.

7. It is made clear that if the learned trial court comes to a conclusion that appellant after his release is trying to delay the trial in any manner or does not appear on two consecutive dates, in that event, the learned trial court shall be at liberty to cancel the bail bonds of the appellant.

8. Accordingly, the impugned order is set aside and this appeal stands allowed.

(Satyavrat Verma, J) amit/- U T