Patna High CourtCR. APP (SJ)/4400/2025allowed

Birendra Pandey v. The State Of Bihar

2026-02-23Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4400 of 2025 Arising Out of PS. Case No.-662 Year-2025 Thana- SONEPUR District- Saran ====================================================== Birendra Pandey S/O Late Chandra Kant Pandey R/O Village- Shikarpur, P.S - Sonpur, District - Saran.

... ... Appellant/s

Versus

The State of Bihar Bihar 2.

Lal Babu Chaudhary S/O Late Pardeshi Chaudhary R/O Village and P.OShikarpur, P.S- Sonpur, Distt.- Saran. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Sanjay Kumar Jha, Adv.

For the State :

Mrs.Usha Kumari 1, APP For the Informant :

Mr.Amarendra Kumar Pathak, Adv.

Ms.Anweshika, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 23-02-2026 Heard the learned counsel for the appellant as well as the learned APP for the State.

2. The present Memo of Appeal is being filed for setting aside the order dated 20.09.2025 passed in A.B.P. No. 3124 of 2025 by the learned Court of the SC/ST Exclusive Special Judge, Saran at Chapra, arising out of Sonpur P.S. Case No. 662 of 2025 dated 08.07.2025, registered under Sections 126(2), 109, 352, 351(2) and 3(5) of the B.N.S., under Section 27 of the Arms Act, and under Section 3(1)(r) & (s) of the SC/ST Act.

3. According to the allegation, the petitioner along

Patna High Court CR. APP (SJ) No.4400 of 2025(3) dt.23-02-2026 2/3 with other accused persons attempted to forcibly take illegal possession of the land purchased by the informant. It is further alleged that the petitioner abused the informant by calling his caste name.

4. While making the prayer for bail, learned counsel for the appellant has submitted that the land mentioned in the FIR is not belonging to the appellant neither he claims it. He undertakes that he will not create hindrance in mutation of that land in favour of the informant.

5. On the other hand, the learned counsel for the informant has opposed the prayer for bail.

6. Considering the above-mentioned facts and circumstances, the appeal is allowed and the impugned order dated 20.09.2025 passed in A.B.P. No. 3124 of 2025 by the learned Court of the SC/ST Exclusive Special Judge, Saran at Chapra, arising out of Sonpur P.S. Case No. 662 of 2025 is set aside.

7. Accordingly, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned SC/ST Exclusive

Patna High Court CR. APP (SJ) No.4400 of 2025(3) dt.23-02-2026 3/3 Special Judge, Saran at Chapra in connection with A.B.P. No. 3124 of 2025 arising out of Sonpur P.S. Case No. 662 of 2025. (Nawneet Kumar Pandey, J) kundan/- U T