Raj Kumar Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3749 of 2025 Arising Out of PS. Case No.-55 Year-2025 Thana- BALTHAR District- West Champaran ====================================================== 1.
Raj Kumar Das S/o- Late Yugal Das R/o village- Dhankutwa Ward No-10, P.S.- Balthar Dist- West Champaran.
2.
Kishun Das @ Radhakishun Das S/o- Late Yugal Das R/o villageDhankutwa Ward No-10, P.S.- Balthar Dist- West Champaran. 3.
Chandan Das @ Chandan Kumar Das S/o- Sri Raj Kumar Das R/o villageDhankutwa Ward No-10, P.S.- Balthar Dist- West Champaran. ... ... Appellant/s
Versus
1.
The State of Bihar.
2.
Lalbabu Ram S/o- Surendra Ram R/o village- Dhankutwa Ward No-09, PsBalthar Dist- West Champaran. ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Sharad Kumar Verma, Advocate For the Respondent/s :
Mr.Sadanand Paswan, Spl. PP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 10-11-2025 Heard learned counsel for the appellants and learned Special P.P. for the State.
2. The appellants have preferred the present appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (for short 'the Act') against the order dated 29.07.2025 passed by the learned 1st Additional Sessions Judge cum Special Judge under SC & ST, Act, West Champaran, Bettiah, in A.B.P. No. 1454/2025 arising out of Balthar P.S. FIR No. 55 of 2025 registered under Sections 126(2), 115(2), 118(1), 303(2), 352, 351(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3(1) (r), 3(1)(s) and 3(2)(va) of SC/ST (POA)
2/4 Act.
3. Present appeal is well within limitation as prescribed under Section 14A(3) of the Act.
4. As per FIR, appellants assaulted informant and others due to certain differential issues, which surfaced while visiting village fair (Mela) on 21.04.2025 at about 9:00 PM.
5. Learned counsel appearing for the appellants submitted that both parties received injuries during the occurrence for which appellants's side also lodged a case against the informant which was registered as Balthar P.S. Case No. 56 of 2025. It is pointed out that the injury as received by the informant as alleged to be caused by appellants during the occurrence, upon medical examination found simple in nature. It is also submitted that the disputes and differences out of which the present occurrence took place now appears compromised between the parties and in support of same, a compromise petition was drafted on affidavit which is Annexure-4 of the present appeal.
6. Arguing further, it is submitted that even otherwise the present occurrence not appears to be caused out of atrocities as defined within the meaning
3/4 of SC/ST (POA) Act, 1989.
7. Mr. Ujjawal Kumar Singh, learned counsel appeared for the informant suo moto and also affirmed the compromise as submitted aforesaid by learned counsel appearing for the appellants.
8. In view of aforesaid factual submissions and by taking note of fact as occurrence appears free fight in nature out of trivial issues, which further said to be compromised between the parties, accordingly, all above-named three appellants in the event of their arrest or surrender before the learned trial Court, within a period of six weeks of the order, are directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge cum-Special Judge under SC & ST Act, West Champaran, Bettiah, where the case is pending in connection with A.B.P. No. 1454/2025 arising out of Balthar P.S. FIR No. 55 of 2025 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
9. Accordingly, impugned order dated 29.07.2025 as passed through A.B.P. No. 1454/2025 is hereby set aside.
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10. Hence, appeal stands allowed.
(Chandra Shekhar Jha, J) veena/- U T