Santosh Kumar @ Santosh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1835 of 2025 Arising Out of PS. Case No.-20 Year-2024 Thana- SC/ST District- Lakhisarai ====================================================== Santosh Kumar @ Santosh Yadav Son of Ram Karan Yadav Village -Abgil Rampur PS- Medni Chowki, Dist -Lakhisarai ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Mithlesh Kumar Paswan son of Manoj Paswan Village- Koli, Ps- Halsi, Dist- lakhisarai ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Parmanand Pd. Nr. Sahi, Advocate For the Respondent/s :

Mrs. Usha Kumari 1, APP For the Informant :

Mr. Rohit Raj, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-07-2025 Heard learned counsel for the appellant, learned Special Public Prosecutor for the State and learned counsel for the informant.

2. The instant appeal has been filed by the appellant against the order dated 19.04.2025 passed by learned Additional Session Judge Ist-cum-Special Judge, SC/ST Act, Lakhisarai whereby the prayer for bail of the appellant in connection with Lakhisarai SC/ST P.S. Case No. 20 of 2024 under Sections 126(2), 115, 318(2), 3(5) of the BNS and Sections 3(i)(r)(s), 3(2)(va) of SC/ST Act was rejected.

3. The prosecution case, in short, is that appellant along with other co-accused cheated the informant of Rs. 12

Patna High Court CR. APP (SJ) No.1835 of 2025(4) dt.03-07-2025 2/3 lakhs in the name of providing job in Coal India.

4. Learned counsel for the appellant submits that the appellant has falsely been implicated in the present case. Learned counsel further submits that there is no specific overt act against the appellant and the allegation is vague and general in nature. He further submits that appellant had no opportunity to appoint any person in the government job. Learned counsel further submits that except the allegations levelled under the SC/ST Act, all other Sections of Bharatiya Nyaya Sanhita are bailable in nature. Learned counsel for the appellant further submits that the appellant has not taken the caste name of the informant in public view, hence, no offence under the provisions of SC/ST Act is made out against him. Charge-sheet has been submits in this case. The appellant has no intention to disgrace the image of the informant in public view. The appellant is in custody since 30.01.2025 and has one criminal antecedent.

5. Learned Special P.P. for the State and the informant have vehemently opposed the prayer for grant of bail to the appellant.

6. Considering the aforesaid facts and circumstances of the case, nature of allegation and the period of custody undergone by the appellant, this Court is inclined to allow this

Patna High Court CR. APP (SJ) No.1835 of 2025(4) dt.03-07-2025 3/3 appeal. Accordingly, the appeal is allowed and order dated 19.04.2025 passed by learned Additional Session Judge Ist-cumSpecial Judge, SC/ST Act, Lakhisarai in connection with Lakhisarai SC/ST P.S. Case No. 20 of 2024 is hereby set aside.

7. Let the appellant, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Lakhisarai SC/ST P.S. Case No. 20 of 2024.

8. The appeal stands allowed.

(Rudra Prakash Mishra, J) Alok Verma/- U T