Laldhari Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2438 of 2024 Arising Out of PS. Case No.-123 Year-2022 Thana- KORANSARAI District- Buxar ====================================================== 1.

Laldhari Singh Son of Late Ram Grihi Singh Resident of village - Kopwan, P.S.- Koran Sarai, District - Buxar.

2.

Rajiv Ranjan Singh @ Lallu Singh @ Lalu Singh Son of Late Dwarika Singh Resident of village - Kopwan, P.S.- Koran Sarai, District - Buxar. 3.

Pappu Singh @ Vinay Pratap Singh Son of Late Vishwamitra Singh Resident of village - Kopwan, P.S.- Koran Sarai, District - Buxar. 4.

Chhotu Singh @ Sushil Kumar Singh @ Chhote Singh Son of Laldhari Singh Resident of village - Kopwan, P.S.- Koran Sarai, District - Buxar. 5.

Sunil Kumar Singh @ Mantu Singh Son of Laldhari Singh Resident of village - Kopwan, P.S.- Koran Sarai, District - Buxar. 6.

Adarsh Singh Son of Akhilesh Singh Resident of village - Kopwan, P.S.- Koran Sarai, District - Buxar.

7.

Raunak Kumar Singh @ Ujawal Singh @ Ujjawal Kumar @ Raunak @ Raunak Singh Son of Sunil Kumar Singh @ Mantu Singh Resident of village - Kopwan, P.S.- Koran Sarai, District - Buxar. ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Mithilesh Kumar Ram Son of Bhola Paswan Resident of village - Kopwan, P.S.- Koran Sarai, District - Buxar.

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

For the Appellant/s :

Mr. Pankaj Kumar Singh, Advocate For the Respondent/s :

Mrs. Usha Kumari 1, Special P.P.

For the Informant :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-11-2025 Heard learned counsel for the appellants, learned Special P.P., Mrs. Usha Kumar 1. None appears on behalf of the informant.

2. This is an appeal under Section 14(A)2 of the Scheduled Castes and Scheduled Tribes (Prevention of

2/4 Atrocities) Act, 1989 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for anticipatory bail vide order dated 03.05.2024 read with order dated 08.05.2024, passed by learned Additional Sessions Judge-I-cum-Special Judge SC/ST (P.O.A.) Act, Buxar in connection with Koransrai P.S. Case No.123 of 2022, registered under Sections 147, 148, 149, 341, 323, 307, 354, 427, 379, 504 and 506 of the Indian Penal Code and Sections 3(1)(r)(s)(w i) and 3(2)(va) of the SC/ST Act.

3. Learned counsel appearing on behalf of the appellants submits that the case was taken up on 11.11.2025 and on the said date also, no one had appeared on behalf of the informant. It is next submitted that appellants are persons with clean antecedent. It is submitted that altogether 22 persons were made accused in the instant case out of which police after investigation submitted final form in favour of 12 accused persons. It is further submitted that as far as appellants are concerned, it is alleged that Laldhari gave orders to kill on which Sunny Singh assaulted the informant by an iron rod causing injury on head, on alarm, when informant's family members came to save him then all the accused persons assaulted and abused them, on account of assault several

3/4 persons were injured. Thereafter Virendra, Chhotu, Laldhari, Pappu and Bittu tore the Sari and blouse of informant's aunt and also assaulted her by leg and fist and tried to outrage the modesty, It is next alleged that accused persons also damaged and looted the shop of Dudhnath Ram and Chhotak Ram and looted articles worth Rs.1,00,000/- from the shop. It is submitted that the allegation of assault is not specific and from the side of the appellants, Koransarai P.S. Case No.124 of 2022 has been instituted against the informant and his side. It is further submitted that the instant case has been instituted by the informant on the behest of the local MLA. It is also submitted that Jamuna Singh from the side of the appellant was arrested who died in police custody for which an FIR has been instituted. It is next submitted that since no one is appearing on behalf of the informant that amply demonstrates that the informant does not intend to contest a false case.

4. Learned Special P.P. opposes the appeal.

5. Considering the submissions made by learned counsel appearing on behalf of the appellants, let appellants, above named, in the event of their arrest or surrender before the learned Trial Court within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on

4/4 furnishing bail bonds of Rs.5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending in connection with Koransrai P.S. Case No.123 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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

(Satyavrat Verma, J) Sanjay/- U T