Raju Chandravanshi @ Dinesh Chandravanshi @ Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2720 of 2025 Arising Out of PS. Case No.-137 Year-2022 Thana- NAVINAGAR District- Aurangabad ====================================================== Raju Chandravanshi @ Dinesh Chandravanshi @ Raju Kumar S/o Binda Chandravanshi R/o Village- Kasturi Karma, (Jantua), PS- Mali, DistrictAurangabad ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Urmila Devi W/o Pramod Paswan R/o Village- Pahar Bigha, PS- Nabinagar, District- Aurangabad ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Krishna Prasad Singh, Sr. Advocate For the Respondent/s :

Mr. Sadanand Paswan, Spl. P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-06-2026 Despite valid service of notice, no one appears on behalf of Respondent No. 2.

2. Heard Mr. Krishna Prasad Singh, learned Senior counsel appearing for the appellant and Mr. Sadanand Paswan, learned Special Public Prosecutor for the State.

3. This is an appeal under Sections 14(A)(ii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for regular bail vide order dated 12.06.2025 passed by the learned Additional Sessions Judge 1st cum Special Judge (SC/ST, NDPS & Children Act), Aurangabad in connection with R.B.A. No. 282 of 2025 arising out of

2/4 Nabinagar P.S. Case No. 137 of 2022, F.I.R. dated 22.04.2022 registered under Sections 307, 354(B), 341, 323, 325, 504, 147, 148, 149 of the Indian Penal Code and later on Section 302 of the Indian Penal Code was added and Sections 3(1)(r)(s)/3(2) (va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

4. Allegation against the appellant is of committing assault which lead to death of the deceased, namely, Laxman Sharma.

5. Learned Senior counsel for the appellant submits that the appellant has clean antecedent and he has been falsely implicated in the present case. From perusal of the F.I.R. it appears that although the appellant is named in the F.I.R. but there is no specific allegation of any assault or overt act attributed against the appellant rather there is general and omnibus allegation against all the accused persons including the appellant. He further submits that the police after investigation submitted chargesheet against the appellant and the appellant is in custody since 21.02.2025.

6. Learned Special Public Prosecutor for the State, on the other hand, vehemently opposed the prayer for bail of the appellant and submits that the appellant along with other co-

3/4 accused persons have assaulted to the husband of the informant and he has died during treatment but fairly submits that there is no specific allegation against the appellant.

7. Considering the facts and circumstances of the case, let the appellant, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge 1st cum Special Judge (SC/ST, NDPS & Children Act), Aurangabad in connection with Nabinagar P.S. Case No. 137 of 2022, with the following conditions :-

(1) Appellant shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the appellant tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the appellant and in case at any stage, it is found that the appellant has concealed his criminal antecedent, the court below shall take step for cancellation of

4/4 bail bond of the appellant. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

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

(Rajesh Kumar Verma, J) Ibrar//- U