Pradeep Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2924 of 2024 Arising Out of PS. Case No.-12 Year-2024 Thana- District- Saran ====================================================== Pradeep Kumar Singh S/o Vashisht Singh @ Bashisht Singh Resident of Village- Teghra, P.S -Manjhi, District Saran At Chapra. At present residing at Damari Road, Beside Garage of Billu Mistri, P.S. - Chapra Muffassil, Distt. - Saran at Chapra ... ... Appellant/s
Versus
1.
The State of Bihar 2.
Nagendar Kumar Manjhi S/o Krishna Nand Manjhi R/o vill - Mubarakpur, P.S .- Manjhi, Distt. - Saran at Chapra ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Dewendra Narayan Singh, Advocate For the Respondent/s :
Mrs. Usha Kumari 1. Spl. Public Prosecutor For the R.No. 2 :
Mr. Vijay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-04-2025 Heard learned counsel for the appellant, respondent No. 2 and the State.
2. This criminal appeal has been filed against the order dated 29.05.2024 passed by learned SC/ST Exclusive Special Judge, Saran at Chapra in ABP No. 1765 of 2024 in connection with Chapra SC/ST P.S. Case No. 12 of 2024, instituted under Sections 341, 323, 504, 406, 420 of the Indian Penal Code and Sections 3(1)(r)(s), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of appellant has been rejected.
Patna High Court CR. APP (SJ) No.2924 of 2024(4) dt.17-04-2025 2/3
3. It is alleged that this appellant registered a different piece of land in the name of mother of informant for which father of the informant gave Rs. 21 lacs to the accused and when informant protested, this appellant abused him by caste name and assaulted him.
4. Learned counsel for the appellant submits that appellant is innocent and has committed no offence. As a matter appellant is neither vendor nor vendee of the land in question and he is only alleged to be the mediator. Not a single amount of money was deposited in the account of this appellant and entire transaction occurred between informant and the land owners i.e. Most. Indu Devi and Smt. Anuradha Devi. From perusal of the sale deed dated 4.4.24, it is apparent that purchasers of the land, before getting executed the land, had already visited the same and purchased the land after being fully satisfied. Moreover, dispute involved in this case is regarding sale and purchase of land which is purely of civil nature and it is not the case of informant that alleged incident occurred within the public view, as such, no offence under SC/ST Act is made out against appellant. Appellant claims clean antecedent.
5. Learned Spl. Public Prosecutor for the State as well as learned counsel for the respondent No. 2 vehemently opposed
Patna High Court CR. APP (SJ) No.2924 of 2024(4) dt.17-04-2025 3/3 the bail application.
6. Considering the nature of dispute and accusation, let the appellant, as named above, in the event of his arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SC/ST Exclusive Special Judge, Saran at Chapra in connection with Chapra SC/ST P.S. Case No. 12 of 2024.
7. Accordingly, this criminal appeal is allowed and impugned order dated 29.05.2024 is set aside with respect to this appellant only.
(Prabhat Kumar Singh, J) Navya/- U T