Patna High CourtCR. APP (SJ)/3823/2024allowed

Randhir Kumar Singh @ Randhir Singh v. The State Of Bihar

2025-11-11Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3823 of 2024 Arising Out of PS. Case No.-94 Year-2024 Thana- KASMA District- Aurangabad ====================================================== Randhir Kumar Singh @ Randhir Singh S/o Baliram Singh R/o vill - Chiraila, P.S .- Kasma, Distt - Aurangabad (Bihar) ... ... Appellant/s

Versus

The State of Bihar 2.

Soniya Devi S/o Ramekbal Paswan @ Ramkili Paswan R/o vill - Chiraila, P.S. - Kasma, Distt.- Aurangabad (Bihar) ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Aman Vishal For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 11-11-2025 Heard learned counsel for the appellant, learned counsel for the Informant and learned Spl. P.P. for the State.

2. This appeal is preferred against the order dated 24.07.2024 passed by the Special Judge (SC/ST) Act-cum-1st Additional District and Sessions Judge, Aurangabad in A.B.P. No. 1463 of 2024 in connection with Kasma P.S. Case No. 94 of 2024 registered for the offence under Section 318, 127(1), 109, 352, 351(2), 351(3) of the BNS and under Sections 3(i)(r) (s)/3(2)(v-a) of the SC/ST Act by which the prayer of the petitioner for grant of anticipatory bail has been rejected.

3. As per the prosecution case, the appellant is alleged to have came to the house of the informant and have abused her

Patna High Court CR. APP (SJ) No.3823 of 2024(3) dt.11-11-2025 2/3 and had also threatened her.

4. Learned counsel for the appellant submits that the appellant has falsely been implicated in this case and no offence under the provisions of SC/ST Act is made out in this case and therefore the application of the anticipatory bail is maintainable. He further relies upon the Judgment of the Hon'ble Supreme Court in the case of Kiran Vs. Rajkumar Jivraj Jain and Anr. reported in 2025 INSC 1067 and in the case of Hitesh Verma Vs. State of Uttarakhand reported in (2020) 10 SCC 710.

5. Learned counsel for the State and learned counsel for the informant have opposed the prayer of the appellant.

6. From the reading of the entire FIR it does not appear that offence has been committed against the informant on the ground that she is a member of SC/ST community and primarily, it appears that the occurrence has taken place because the appellants have not paid the money for the treatment of the husband of the informant.

7. In these circumstances, considering the law laid down by the Hon'ble Supreme Court in the case of Kiran Vs. Rajkumar Jivraj Jain and Anr. (Supra) and in the case of Hitesh Verma Vs. State of Uttarakhand (Supra), this application for grant of anticipatory bail is held to be

Patna High Court CR. APP (SJ) No.3823 of 2024(3) dt.11-11-2025 3/3 maintainable.

8. Considering the facts of the case and the rival submissions of the parties, this appeal is allowed and accordingly, the order dated 24.07.2024 passed by the Special Judge (SC/ST) Act-cum-1st Additional District and Sessions Judge, Aurangabad in A.B.P. No. 1463 of 2024 in connection with Kasma P.S. Case No. 94 of 2024, is hereby set aside.

9. Let the appellant, in the event of his arrest or surrender within four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Special Judge (SC/ST) Act-cum-1st Additional District and Sessions Judge, Aurangabad in connection with Kasma P.S. Case No. 94 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) Vikas/- U