Binod Prasad Singh @ Binod Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2215 of 2025 Arising Out of PS. Case No.-8 Year-2025 Thana- SC/ST District- Bhojpur ====================================================== Binod Prasad Singh @ Binod Singh, S/o Late Chandrabali Singh, tht Then Branch Manager Central Cooperative Bank, Branch- Ara Chauk , Chitratoli Road, P.S- Ara Town, Dist- Bhojpur, Resident of Mohalla- Sankat Mochan, Near New Police Line, P.S- Ara Nawada, Dist- Bhojpur. ... ... Appellant/s
Versus
1.
The State of Bihar 2.
Virendra Ram, S/o Sri Lal Babu Ram, Resident at Club Road (B.D.O Block), beside Parwati Chandra Hotel, P.S- Ara Nawada, Dist- Bhojpur. ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Ojaswee Kumari, Adv.
For the Respondent/s :
Mr. Sadanand Paswan, Spl. PP For Respondent No.2 :
Mr. Manoj Kumar, Adv.
Mr. Raj Narayan Mishra, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 10-11-2025 Heard learned Advocate for the appellant, learned Advocate for respondent no.2 and learned Spl. PP for the State.
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 15.05.2025 passed by the learned 1st Additional Sessions Judgecum-Special Judge, SC/ST Act, Bhojpur at Ara in connection with SC/ST P.S. Case No. 08 of 2025 registered for the offences punishable under Sections 126(2), 115(2), 352, 351(2), 316(2), 318(4), 338, 336(3) and 3/5 of B.N.S. corresponding to Section
2/4 339, 321, 504, 503, 405, 415, 467, 463/34 of the Indian Penal Code and Section 3(i)(r)(s) of the SC/ST Act.
3. Learned Advocate for the appellant referring to the FIR contended that the appellant was working as a Branch Manager of Central Cooperative Bank, Branch Chowk, Ara, where the respondent no.2 along with others used to deposit Rs.10000/- per day in his saving account through his agent. Having felt the need of money, when the informant along with his daughter went to the Bank for withdrawal of the amount; the appellant refused to do so and told him that he will pay the amount after talking with the agent, who has deposited the amount. It is further alleged that on 04.10.2024, the Branch Manager along with the agent abused the informant by calling his caste name and threatened to implicate him in a false case.
4. Referring to the FIR, learned Advocate for the appellant further contended that admittedly the amount was deposited by the agent and so far the allegation of abusing the informant by calling his caste name is concerned, the alleged incidence took place on 04.10.2024 but the present FIR came to be instituted on 07.03.2025. It is next contended that soon after receipt of the complaint of the informant and other accounts holder, letter has been sent to the Branch Director, Central
3/4 Cooperative Bank, Ara for doing the needful in the matter. The appellant has no concern with the agent, who used to receive money from the customers and deposit in their account nor even during the course of investigation, any complicity has come.
5. Learned Spl. PP for the State as well as learned Advocate for respondent no.2 vehemently opposed the prayer of the appellant and submitted that there is specific allegation that the appellant along with other co-accused persons were indulged in intimidating the informant and abusing him by calling his caste name and, as such, the anticipatory bail is not maintainable.
6. Having considered the submissions advanced by the respective parties and taking note of the fact that with regard to the occurrence which took place on 04.10.2024, the present FIR came to be instituted on 07.03.2025; all the more there is specific allegation that the amount, if any, had given to the agent, who deposited in the bank account, besides the appellant is a Branch Manager of the Central Cooperative Bank having fair antecedent as also omnibus nature of abuse, let the above named appellant, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten
4/4 thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge-cumSpecial Judge, SC/ST Act, Bhojpur at Ara in connection with SC/ST P.S. Case No. 08 of 2025, subject to the condition as laid down under Section 482(2) of the BNSS, with further condition that one of the bailors shall be the own/close family members of the appellant.
7. The impugned order dated 15.05.2025 is hereby set aside and the present appeal is allowed.
(Harish Kumar, J) rohit/- U T