Sanjeet Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3861 of 2025 Arising Out of PS. Case No.-131 Year-2025 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== 1.
Sanjeet Singh S/o Mahendra Singh @ Mahendra Prasad Singh, 2.
Awanish Singh @ Awanish Kumar @ Avnish Singh @ Avnish Kumar, S/oMahendra Singh @ Mahendra Prasad Singh Both are resident of Village- Rariouna (Rariauna), Ward No.- 11, Gamharia PS- Nowkothi(Naokothi), District- Begusarai ... ... Appellants
Versus
1.
The State of Bihar 2.
Soni Devi W/o Sri Ramdas Paswan, resident of Village-Rariouna Ward No11, Gamharia P.S.- Nowkothi, District- Begusarai ... ... Respondents ====================================================== Appearance :
For the Appellant/s :
Mr. Sandip Kumar Gautam, Advocate For the Respondent/s :
Mr. Sadanand Paswan, Spl.P.P.
For the Informant :
Mr. Ashok Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 10-11-2025 Heard learned counsel for the appellants and learned Special Public Prosecutor for the State.
2. Mr. Ashok Kumar, learned counsel appeared suo motu for the informant.
3. At the outset, learned counsel appearing for the appellants seeks permission to withdraw the prayer of anticipatory bail for appellant no.1 namely, Sanjeet Singh as during the pendency of present appeal, he was apprehended by the police and, therefore, same become infructuous.
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4. Considering the aforesaid, the appeal qua appellant namely, Sanjeet Singh stands dismissed as withdrawn being infructuous.
5. Accordingly, the present appeal survives only against appellant no.2 namely, Awanish Singh @ Awanish Kumar @ Avnish Singh @ Avnish Kumar.
6. The aforesaid appellant namely, Awanish Singh @ Awanish Kumar @ Avnish Singh @ Avnish Kumar has preferred the present appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 (for short 'the Act') for setting aside the impugned order dated 28.08.2025 passed by the learned Exclusive Special Judge, SC/ST (POA) Act, Begusarai in connection with Nowkothi (Naokothi) P.S. Case No.131 of 2025 registered for the offences punishable under Sections 109(1), 352 read with 3(5) of the Bhartiya Nyaya Sanhita, 2023 (in short 'B.N.S.') as well as Sections 3(1)(r) (s) and 3(2)(va) of the Act.
7. Present appeal is well within limitation as prescribed under Section 14A(3) of the Act.
3/6 8.
The aforesaid accused/appellant namely, Awanish Singh @ Awanish Kumar @ Avnish Singh @ Avnish Kuma is named in the FIR and apprehending his arrest in connection with Nowkothi (Naokothi) P.S. Case No.131 of 2025 registered for the offences punishable under Sections 109(1), 352 read with 3(5) of the Bhartiya Nyaya Sanhita, 2023 (in short 'B.N.S.') as well as Sections 3(1)(r)(s) and 3(2)(va) of the Act.
9. As per FIR, the appellant along with other coaccused persons assaulted the son of the informant causing head injuries. It is alleged that assault was made with intention to cause death.
10. It is submitted by learned counsel appearing for appellant that present occurrence took place out of neighbourhood disputes and differences. It is submitted that the son of informant during the occurrence, received single injury on his temporal region alleged to be caused by hard and blunt substance. It is simple in nature and type of injury was laceration, which is apparent from Annexure-2 of the present appeal. It is submitted that the nature of injury as alleged to
4/6 be caused by appellant during the occurrence is not of such nature, which may cause the death of son of informant and it also negate any intention to cause death for the reason that alleged assault not appears repeated. In support of his submission, learned counsel has relied upon legal report of Hon'ble Supreme Court as available through Jage Ram vs. State of Haryana & Ors. [(2015) 11 SCC 366]. The appellant said to be man of clean antecedent.
11. Arguing further, it is submitted by learned counsel that nothing can be gathered from the face of FIR, which may suggest that present occurrence took place out of atrocities as defined within the meaning of the Act, 1989. It is pointed out that very general allegation regarding caste abuse was raised against the appellant and other co-accused persons.
12. Learned counsel for the appellant submitted that if insult is not caused to complainant/informant on the basis of caste, no case is made out under the Act, as it was held in State of Madhya Pradesh vs. Parasram @ Purushottam as reported in [2015 (153) AIC 276].
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13. Learned Special Public Prosecutor duly assisted by Mr. Ashok Kumar, learned counsel appearing for the informant while opposing the prayer for bail of the appellant submitted that the allegation to cause head injury is specifically available against appellant, whereas he fairly conceded that the nature of injury as alleged to be caused by this appellant found simple in nature upon medical examination.
14. In view of aforesaid factual and legal submissions and by taking note of nature of injury, which upon medical examination found simple as alleged to be caused by this appellant to the son of informant, coupled with the fact that alleged assault also not prima facie appears repeated, negating prima facie intention to cause death, where the allegation qua caste abuse also appears raised in very general and omnibus manner, accordingly, the appellant Awanish Singh @ Awanish Kumar @ Avnish Singh @ Avnish Kumar in the event of his arrest or surrender before the court below within a period of four weeks from today, is directed to be released on bail on furnishing bail bond of Rs.10,000/-
6/6 (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, SC/ST (POA) Act, Begusarai in connection with Nowkothi (Naokothi) P.S. Case No.131 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure (in short 'CrPC')/under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023 (in short 'BNSS').
15. Accordingly, the impugned order dated 28.08.2025 as passed by learned Exclusive Special Judge, SC/ST (POA) Act, Begusarai in ABA No.1821 of 2025 is set aside.
16. The appeal stands allowed.
(Chandra Shekhar Jha, J.) Sanjeet/- U T