Pramod Mistry v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4529 of 2023 Arising Out of PS. Case No.-108 Year-2019 Thana- KHIJARSARAI District- Gaya ====================================================== 1.
PRAMOD MISTRY SON OF SHIVSHARAN MISTRI RESIDENT OF VILLAGE- PACHLAKH, PS- KHIJASARAI, DIST- GAYA 2.
AMARJEET KUMAR @ AMARJEET MISTRY SON OF PRAMOD MISTRI RESIDENT OF VILLAGE- FARKA, PS- SABOUR, DISTBHAGALPUR 3.
GAUTAM KUMAR @ GAUTAM MISTRY SON OF PRAMOD MISTRI RESIDENT OF VILLAGE- FARKA, PS- SABOUR, DIST- BHAGALPUR 4.
ANJU DEVI WIFE OF PRAMOD MISTRI RESIDENT OF VILLAGEFARKA, PS- SABOUR, DIST- BHAGALPUR ... ... Appellant/s
Versus
1.
The State of Bihar 2.
SUNIL RAJAK SON OF PRADIP RAJAK RESIDENT OF VILLAGEFARKA, PS- SABOUR, DIST- BHAGALPUR ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Brijeshwar Narayan Singh, Advocate For the Respondent/s :
Mr. Binay Krishna, Spl. PP For respondent No. 2 :
Mr. Savita Ali , Advocate Mr. Akanksha Malviya, Advocate Mr. Akash Keshav, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-07-2025 Heard learned counsel for the parties.
2. This appeal has been filed for setting aside order dated 20.07.2023 passed in a case registered for the offence punishable under sections 341 , 323 , 504, 506 and 34 of the Indian Penal Code and sections 3(1) ( r ) 3 ( i ) (w) of the
Patna High Court CR. APP (SJ) No.4529 of 2023(5) dt.03-07-2025 2/3 Scheduled Castes and Scheduled Tribes Act, whereby the prayer for anticipatory bail of the appellant has been rejected. 3 . As per the prosecution case , on 04.14.2019, a group of people including appellants attacked the informant and also abused by caste name . It is further alleged that said attack is due to land dispute with the accused persons.
4. It is submitted on behalf of these appellants that appellants are innocent and has committed no offence as alleged. Allegation of assault is general and omnibus and they have made accused in this case only because there is admitted land dispute in between the parties. It is not the case of the informant that any member of public was present at the time of incident, as such, no case under SC/ST Act is made out. 5 . Learned special Public Prosecutor for the State as well as learned counsel for respondent No. 2 opposed the prayer for bail.
6. Considering the aforesaid facts, this appeal is allowed and the impugned order is set aside. Let the appellants, named above, in the event of arrest/surrender within a period of eight weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like
Patna High Court CR. APP (SJ) No.4529 of 2023(5) dt.03-07-2025 3/3 amount each to the satisfaction of the learned Court of the Exclusive special Judge sc / st Act Gaya in connection with Khijarsarai ( Gaya) Police Station Case No. 108 of 2019. (Prabhat Kumar Singh, J) Koushik/- U T