Pavitra Singh @ Pavittar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4218 of 2025 Arising Out of PS. Case No.-578 Year-2024 Thana- RANIGANJ District- Araria ====================================================== 1.

Pavitra Singh @ Pavittar Singh S/O Lakhan Singh Resident of VillageKajra Tola, Ward No.- 10, P.S- Raniganj, Distt.- Araria. 2.

Roshan Kumar Singh @ Roshan Kumar @ Roshan Singh S/O Pavitra Singh @ Pavittar Singh Resident of Village- Kajra Tola, Ward No.- 10, P.SRaniganj, Distt.- Araria. ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Ramji Mandal S/O Late Baldeo Mandal R/O Village- Babupur, P.SBakharpur, Distt.- Bhagalpur. At present posted at Dail 112 Raniganj Police Station.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Ramesh Kumar Singh, Advocate For the Respondent/s :

Mr. Binay Krishna, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-01-2026 Despite valid service of notice, no one appears on behalf of the respondent no. 2.

2. Heard learned counsel for the appellant and learned Special P.P. for of the State.

3. This appeal has been filed against the order dated 15.09.2025 passed by learned 1st ADJ cum Special Judge, SC/ST Act, Araria in connection with Raniganj P.S. Case No. 578 of 2024, registered under Sections 191(2), 191(3), 190, 126(2), 115 (2), 118(1), 117(2), 109, 132, 111 of the BNS and Section 3(i)(d), 3(i)(dh) of Scheduled Castes and Scheduled

Patna High Court CR. APP (SJ) No.4218 of 2025(4) dt.29-01-2026 2/3 Tribes (Prevention of Atrocities) Act (for short "SC/ST Act"), whereby the prayer for bail of appellant has been rejected.

4. As per prosecution case, it is alleged that this appellant along with other accused persons attacked police officials and caused injuries while they were conducting raid.

5. Learned counsel for the appellant submits that there is general and omnibus allegation levelled against the appellant. No specific allegation of overt act has been attributed to the appellant. From perusal of F.I.R., there is no allegation of abuse taking caste name. Accordingly, no case of SC/ST Act is made out against the appellant. In this case, charge has already been framed. The appellant is in custody since 15.09.2025, having no criminal antecedent.

6. Learned Spl. Public Prosecutor for the State opposed the appeal of the appellant.

7. However, considering the aforesaid facts and circumstances as well as period of custody and clean antecedent, the impugned order dated 15.09.2025 is, hereby, set aside and this criminal appeal is allowed.

8. Let the appellant, as named above, be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. APP (SJ) No.4218 of 2025(4) dt.29-01-2026 3/3 learned 1st ADJ cum Special Judge, SC/ST Act, Araria, in connection with Raniganj P.S. Case No. 578 of 2024. (Prabhat Kumar Singh, J) khushbu/- U T