Patna High Court
Sanjay Sir @ Sanjay KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SANDEEP KUMAR
Holding
The appeal is disposed of, allowing the appellant to seek regular bail and file a compromise petition before the Special Judge.
Summary
The appellant Sanjay Kumar was convicted by a Special Judge in Gaya for offences under Section 306 of the B.N.S. and Sections 3(i)(r) and 3(ii)(va) of the S.C./S.T. (Prevention of Atrocities) Act, based on an FIR alleging that his conduct led the deceased to commit suicide. The appellant appealed the conviction, arguing that the dispute with the deceased had been settled and that the informant supported this claim. Both the appellant’s counsel and the informant’s counsel affirmed the settlement. The Patna High Court, after hearing the parties, disposed of the appeal, granting the appellant liberty to apply for regular bail before the Special Judge and to file a compromise petition. The court directed that the Special Judge consider the settlement and facts before deciding on bail, provided the appellant surrenders and prays for regular bail.
Issues considered
- What is the effect of a settlement between the accused and the informant on the conviction under Section 306 IPC and the Prevention of Atrocities Act?
- Whether the appellate court can set aside the conviction solely on the basis of a compromise without re‑examining the evidence?
Legislation cited
- B.N.S. — s. 306
Subjects
- suicide
- Section 306
- Prevention of Atrocities Act
- compromise
- bail
- appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1494 of 2025
Arising Out of PS. Case No.-188 Year-2024 Thana- AMAS District- Gaya
======================================================
Sanjay Sir @ Sanjay Kumar S/o Ram Adhar Seth Resident of Village-
Mahavir Asthan Kuraich, Sasaram, P.S- Sasaram Town, District- Rohtas
... ... Appellant/s
Versus
1. The State of Bihar
2. Dharmendra Paswan S/o Late Ram Chandra Paswan R/o Gambhariya, P.S.-
Amas, Dist.- Gaya
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Rameshwar Singh, Advocate
For the Respondent/s : Mr.Sadanand Paswan, Spl.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 12-03-2026 Heard learned counsel for the appellant, learned
Special Public Prosecutor for the State and learned counsel for
the informant.
2. This appeal has been preferred against the order
dated 28.02.2025 passed by the learned Exclusive Special
Judge, S.C./S.T., Gaya in connection with A.B.P. No. 54 of 2025
arising out of Amas P.S. Case No. 188 of 2024, registered for
the offences under Section 306 of the B.N.S. and Sections 3(i)(r)
(s) and 3(ii)(va) of the S.C./S.T. (Prevention of Atrocities) Act.
3. From the FIR, it appears that because of the
behavior of the appellant, the deceased committed suicide.
4. Learned counsel for the appellant submits that the
Patna High Court CR. APP (SJ) No.1494 of 2025(4) dt.12-03-2026
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appellant and the informant have settled their dispute.
5. Learned counsel for the informant also supports the
submission of learned counsel of the appellant.
6. In these circumstances, this appeal is disposed of
with liberty to the appellant to move before the court of Special
Judge for regular bail and the Special Judge will consider
compromise petition as well as the facts of the case and pass an
order in accordance with law, if the appellant surrenders and
prays for regular bail.
(Sandeep Kumar, J)
tusharika/-
U T
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