Dinu Sao @ Dinesh Sao v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2452 of 2025 Arising Out of PS. Case No.-33 Year-2024 Thana- SC/ST District- Lakhisarai ====================================================== 1.
Dinu Sao @ Dinesh Sao S/o- Bandar Sao Village- Bariarpur, Upraili Mushari, Ps- Piri Bazar Dist- Lakhisarai 2.
Umesh Sao S/o- Bandar Sao Village- Bariarpur, Upraili Mushari, Ps- Piri Bazar Dist- Lakhisarai 3.
Mahesh Sao @ Mahesh Saw S/o- Bandar Sao Village- Bariarpur, Upraili Mushari, Ps- Piri Bazar Dist- Lakhisarai 4.
Raju Kumar @ Raju Sao S/o- Ravi Gupta Village- Khanpur, Ps-DistMunger ... ... Appellant/s
Versus
1.
The State of Bihar 2.
Pushpa Devi W/o- Late Luro Sada Village- Bariarpur, Upraili Mushari, PsPiri Bazar Dist- Lakhisarai ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Mukesh Kumar, Advocate For the State :
Mr.Binay Krishna, Spl. P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 25-11-2025 Heard learned counsel for the appellants and learned Special Public Prosecutor for the State.
2. This appeal is preferred against the order dated 06.05.2025 passed by the learned District & Additional Sessions Judge-1st-cum- Special Judge, SC/ST Act, Lakhisarai, in A.B.P. No. 05 of 2025 arising out of Lakhisarai SC/ST P.S. Case No. 33 of 2024 registered for the offence under sections 126(2), 115, 74, 351(2), 352, 3(5) of the B.N.S., 2023 and under sections 3(2)(va), 3(1)(r), 3(1)(s) of the S.C./S.T. Act, by which the
Patna High Court CR. APP (SJ) No.2452 of 2025(5) dt.25-11-2025 2/3 prayer of the appellants for grant of anticipatory bail has been rejected.
3. As per the F.I.R., while the informant was working on the land, the appellants came there and started abusing the informant and his family members by saying their caste name and also assaulted them.
4. Learned counsel for the appellants submits that the appellants have clean antecedent. He further submits that the present F.I.R. has been lodged by the informant on account of personal grudge and due to land dispute. Further, the alleged date of occurrence is 10.12.2024 whereas the FIR was lodged after a delay of 9 days on 19.12.2024.
5. Learned Special Public Prosecutor for the State has opposed the prayer of the appellants for grant of bail.
6. I have considered the submissions of the parties.
7. Considering the nature of allegation and also the fact that there is land dispute between the parties, this appeal is allowed. Accordingly, the impugned order dated 06.05.2025 is set aside.
8. Let the appellants, in the event of their arrest or surrender within four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/-(Rupees Ten Thousand)
Patna High Court CR. APP (SJ) No.2452 of 2025(5) dt.25-11-2025 3/3 each with two sureties of the like amount each to the satisfaction of learned District & Additional Sessions Judge-1st- cumSpecial Judge, S.C./S.T. Lakhisarai / concerned Court, in connection with Lakhisarai SC/ST P.S. Case No. 33 of 2024, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure/482(2) of the BNSS. (Sandeep Kumar, J) P. Kumar U T