Jeevan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.5036 of 2024 Arising Out of PS. Case No.-4 Year-2024 Thana- SC/ST District- Madhepura ====================================================== Jeevan Kumar S/o- Badal Mandal Village- Baijnathpur W.No-2, Ps-Bihariganj Dist-Madhepura ... ... Appellant/s
Versus
1 .
The State of Bihar 2.
Ranjeet Kumar S/o- Rakesh Rishidev Village- Baijnathpur W.No-2, PsBihariganj Dist-Madhepura ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Pramod Kumar , Advocate For the Respondent/s :
Mr. Sadanand Paswan, Spl. PP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-07-2025 Heard learned counsel for the appellant, the State . Despite valid service of notice , nobody appears on behalf of respondent No. 2.
2. This appeal has been filed for setting aside order dated 11.09.2022 passed in a case registered for the offence punishable under sections 341 , 323 , 324, 427, 379, 504, 506 and 34 of the IPC and sections 3(1) ( r ) ( s ) / 3 ( 2 ) (va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby prayer for regular bail of the appellant has been rejected.
3 . As per the prosecution case , on 23.03.2024 at 8 PM , while informant was at his house , in the meantime , all the
Patna High Court CR. APP (SJ) No.5036 of 2024(5) dt.11-07-2025 2/3 accused persons armed variously came there and abused informant by caste name and assaulted him with iron rod and also snatched Rs. 500/- from pocket of informant. It is further alleged that when one Santosh Kumar and Gaurav Kumar came to his rescue , then accused persons also assaulted them.
4. It is submitted that appellant is innocent and has committed no offence as alleged. F.I.R. has been lodged after delay of 5 days for which there is no plausible explanation which itself creates doubt over the veracity of entire prosecution case . As a matter of fact, due to petty dispute a simple occurrence of maarpeet took place in between the parties in which both sides sustained injuries. Case and counter case . It is not the case of the respondent no.2 that any member of the public was present at the place of incident, as such, no offence under the SC/ST Act is made out against the appellant and he is in custody since 23.08.2024 .
5 . Learned special Public Prosecutor for the State opposed the bail appeal.
6. Considering the aforesaid facts, this appeal is allowed and the impugned order is set aside .
7. Let the appellant, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two
Patna High Court CR. APP (SJ) No.5036 of 2024(5) dt.11-07-2025 3/3 sureties of the like amount each to the satisfaction of the ADJ Ist- cum- spl. Judge SC / ST Madhepura in connection with Madhepura Police Station Case No. 04 of 2024 . (Prabhat Kumar Singh, J) Koushik/- U T