Bhagmani Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3328 of 2025 Arising Out of PS. Case No.-103 Year-2025 Thana- BHORE District- Gopalganj ====================================================== Bhagmani Devi W/O Sri Yugul Bhagat R/O Vill.- Noniya Chhapar, P.S.- Bhore, District-Gopalganj ... ... Appellant/s
Versus
1.
The State Bihar 2.
Triloki Baitha S/O Ramsewak Baitha R/O Vill.- Noniya Chhapar, P.S.- Bhore, District-Gopalganj ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Satyendra Rai, Advocate For the Respondent/s :
Mr.Binay Krishna, SP.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-02-2026 Heard learned counsel for the appellant, learned Special Public Prosecutor for the State.
2. The instant appeal has been filed by the appellant against the order dated 16.07.2025 passed by learned Additional Sessions Judge 11th-cum-Special Judge, Gopalganj whereby the prayer for grant of anticipatory bail of the appellant in connection with Bhore P.S. Case No. 103 of 2025 under Sections 126(2), 115(2), 303(2), 351(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023, read with Sections 3(1)(r)(s) and 3(2)(va) of SC/ST Act was rejected.
3. Prosecution case, in short, is that, while the informant was returning to his house, the appellant along with
Patna High Court CR. APP (SJ) No.3328 of 2025(4) dt.09-02-2026 2/3 other co-accused persons pushed him from his bi-cycle and abused with filthy languages.
4. Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the present case. Learned counsel for the appellant also submits that no specific allegation has been attributed against the appellant, rather the same is general and omnibus in nature. It is next submitted that both the parties have amicably settled the matter. 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 them. The appellant has no intention to disgrace the image of the informant in public view. The appellant has got no criminal antecedent.
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, this Court is inclined to allow this appeal. Accordingly, the appeal is allowed and order dated 16.07.2025 passed by learned Additional Sessions Judge 11th-cum-Special Judge, Gopalganj, is hereby set aside.
Patna High Court CR. APP (SJ) No.3328 of 2025(4) dt.09-02-2026 3/3
7. let the Appellant, above named, in the event of arrest/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. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bhore P.S. Case No. 103 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
(Rudra Prakash Mishra, J) manish/- U T