Sriram Kumar @ Shreeram Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2549 of 2025 Arising Out of PS. Case No.-146 Year-2025 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== Sriram Kumar @ Shreeram Kumar S/o Indal Ray R/O- Village-Tikauli, P.O.- Tikauli, P.S.-Runnisaidpur, District- Sitamarhi -843323,Bihar ... ... Appellant/s
Versus
1.
The State of Bihar 2.
Sangeeta Kumari D/o Amrendra Paswan R/o Village- Tikauli, P.S.- Runnisaidpur, District- Sitamarhi- 843323, Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Vishal Vikram Rana, Adv.
Mrs. Misha Bharti, Adv.
Mr. Akash Priye, Adv.
Mr. Anurag Darshi, Adv.
Mr. Kumar Saurav Dev, Adv.
Mr. Utkarsh Vikram Rana, Adv.
For the Respondent/s :
Mr. B.N. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 20-11-2025 Heard learned counsel for the appellant and learned Spl. P.P. for the State.
2. This is an appeal filed under 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 anticipatory bail vide order dated 30.05.2025 in A.B.P. No. 29 of 2025 passed by the learned Additional District and Sessions Judge-1-cum-Spl. Judge (SC/ST POA Act), Sitamarhi in connection with Runnisaidpur P.S. Case No. 146 of 2025 registered for the offences punishable under Sections 126(2), 115(2), 118, 109(1), 3(5) of the B.N.S., 2023 and
Patna High Court CR. APP (SJ) No.2549 of 2025(3) dt.20-11-2025 2/3 Sections 3(1)(r), 3(1)(s), 3(2)(va) of the SC/ST (POA) Act, 1989.
3. The case of the prosecution in short is that the respondent was being teased regularly by one Ritesh Kumar. It is alleged that on the date of the occurrence, this appellant was called by Ritesh Kumar and appellant assaulted with knife to the father of respondent, which hit in the thigh of the respondent's father.
4. Learned counsel for the appellant submits that the appellant has been falsely implicated in the instant case. He also submits that from perusal of the FIR, it is clear that the occurrence is of 28.03.2025, whereas the FIR was lodged on 05.04.2025. It has also been submitted that there is a delay in the filing of the FIR of about a week, and the delay is not explained. He further submits that the only allegation against the appellant is that he has assaulted with knife in the thigh. There is no repetition of blows, and there is no allegation against the appellant that he has abused anybody with a caste name.
5. Learned Spl. P.P. for the State opposes the appeal.
6. In view of the submissions made by the learned counsel for the appellant, the order dated 30.05.2025 in A.B.P. No. 29 of 2025 passed by the learned Additional District and
Patna High Court CR. APP (SJ) No.2549 of 2025(3) dt.20-11-2025 3/3 Sessions Judge-1-cum-Spl. Judge (SC/ST POA Act), Sitamarhi in connection with Runnisaidpur P.S. Case No. 146 of 2025 is hereby set aside and the appellant above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Runnisaidpur P.S. Case No. 146 of 2025 subject to the conditions as laid down under Section 482
(2) of the BNSS.
7. Accordingly the appeal stands allowed.
(Ashok Kumar Pandey, J) Sudhanshu/- U T