Balendra Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2938 of 2025 Arising Out of PS. Case No.-255 Year-2023 Thana- MOTIPUR District- Muzaffarpur ====================================================== Balendra Thakur S/O Baijnath Thakur R/O Village- Morshandi, Ps- Motipur, District- Muzaffarpur ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Ranjana Bharti W/O Late Sandesh Kumar R/O Village- Morshandi, PsMotipur, District- Muzaffarpur ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Chandra Shekhar Anand, Advocate For the Respondent/s :

Mr. Sadanand Paswan, SPP For the Informant :

Mr. Santosh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-09-2025 Heard learned counsel for the appellant, learned Special Public Prosecutor for the State, learned counsel for the informant/Respondent No. 2 and perused the case diary.

2. The instant appeal has been filed by the appellant against the order dated 09.06.2025 passed by Learned Special Judge, SC/ST (POA) Act, Muzaffarpur whereby the prayer for bail of the appellant in connection with Motipur P.S. Case No. 255 of 2023 under Sections 302/34 of the Indian Penal Code and Section 3(i)(v) of SC/ST Act was rejected.

3. Prosecution case, in short, is that accused persons took Rs. 25,00,000/- from informant's husband for land registration, when asked to register the land, informant's

Patna High Court CR. APP (SJ) No.2938 of 2025(3) dt.11-09-2025 2/3 husband was called to a deserted place where the victim was shot and later on he died in course of his treatment.

4. Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. Learned counsel for the appellant also submits that the appellant is not named in the FIR. Name of the appellant has transpired in this case on the basis of confessional statement of co-accused, namely, Jhunnu Thakur and the same has got no evidentiary value. It is next submitted that no specific allegation has been attributed against the appellant rather the same is general and omnibus in nature. The appellant neither made any conspiracy nor has committed any overt act over the deceased. Learned counsel for the appellant further submits that the appellant has not taken the caste name of the informant in public view.

Hence, no offence under the provisions of SC/ST Act is made out against him. The appellant has no intention to disgrace the image of the informant in public view. The appellant is in custody since 27.05.2025 and has got no criminal antecedent. Similar co-accused has been granted regular bail by a Coordinate Bench of this Court vide order dated 12.07.2024 passed in Cr. Appeal (S.J.) No. 5490 of 2023.

Patna High Court CR. APP (SJ) No.2938 of 2025(3) dt.11-09-2025 3/3

5. Learned Special P.P. for the State and the informant have vehemently opposed the prayer for grant of bail to the appellant.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the appellant, this Court is inclined to allow this appeal. Accordingly, the appeal is allowed and order dated 09.06.2025 passed by Learned Special Judge, SC/ST (POA) Act, Muzaffarpur is hereby set aside.

7. Let the appellant be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Motipur P.S. Case No. 255 of 2023.

(Rudra Prakash Mishra, J) Rajorshi/- U T