Guddu Kumar @ Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4504 of 2024 Arising Out of PS. Case No.-530 Year-2024 Thana- WAJIRGANJ District- Gaya ====================================================== Guddu Kumar @ Suraj Kumar Son of Birbal Resident of Village - Nagwan, P.S.- Fatehpur, Dist.- Gaya ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Vijay Rajvanshi Son of Saudagar Rajwanshi Resident of Village - Kari Sowa, P.S.- Wazirganj, Dist.- Gaya ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Prithivi Raj Singh, Advocate For the Respondent/s :

Ms. Usha Kumari 1, Spl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-04-2026 Despite valid service of notice, none appears on behalf of the respondent no. 2.

2. Heard learned counsel for the appellant and the State.

3. This appeal has been filed against the order dated 23.08.2024 passed by learned Exclusive Special Judge, SC/ST Special Court, Gaya in ABP No. 264 of 2024 arising out of Wazirganj P.S. Case No. 530 of 2024 registered under Sections 341, 323, 379, 354(B), 504, 506/34 of the Indian Penal Code, Section 66(D) of the Information Technology Act and Section 3(1)(r)(s)(w) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for

Patna High Court CR. APP (SJ) No.4504 of 2024(5) dt.02-04-2026 2/3 anticipatory bail of appellant has been rejected.

4. As per F.I.R., this appellant along with other named accused persons misbehaved with the daughter of informant, snatched gold chain, cash and other articles. It is further alleged that the accused persons also made video of the incident and threatened to kill her.

5. Learned counsel for the appellant submits that appellant is innocent and has committed no offence. Both parties are close-door neighbours and due to land dispute, this false and concocted case has been lodged against appellant and others. Rest of the allegations are ornamental only to make the case grave. There is no allegation of abuse by caste name and as such, no case under SC/ST Act is made out against the appellant. Appellant claims clean antecedent.

6. Learned Spl. Public Prosecutor for the State vehemently opposed the bail application.

7. Considering the aforesaid facts, let the appellant, as named above, in the event of his arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, SC/ST Special Court, Gaya in ABP No. 264 of

Patna High Court CR. APP (SJ) No.4504 of 2024(5) dt.02-04-2026 3/3 2024 arising out of Wazirganj P.S. Case No. 530 of 2024.

8. Accordingly, this criminal appeal is allowed and impugned order dated 23.08.2024 is set aside with respect to this appellant only.

(Prabhat Kumar Singh, J) Navya/- U T