Pradeep Sah @ Pradeep KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.4095 of 2024
                   Arising Out of PS. Case No.-257 Year-2024 Thana- MURLIGANJ District- Madhepura
                 ======================================================
                 Pradeep Sah @ Pradeep Kumar Son of Gonar Sah Resident of Village -
                 Sahuriya, Ward No.- 11, Police Station - Jankinagar, District - Purnea.
                                                                               ... ... Appellant/s
                                                    Versus
           1.     The State of Bihar
           2.     Munna Paswan Son of Kailu Paswan Resident of Village - Sahuriya, Ward
                  No.- 11, Police Station - Jankinagar, District - Purnea.
                                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Shri Nawal Kishore Agrawal, Sr. Advocate
                                                 Shri Uday Chand Prasad, Advocate
                                                 Ms. Pooja Prasad, Advocate
                                                 Mr. Kumar Rajdeep, Advocate
                 For the Respondent/s   :        Shri Binay Krishna, Spl.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

6   25-06-2026                  1. Heard Shri Nawal Kishore Agrawal, learned Senior

                   Counsel for the appellant and learned Special Public Prosecutor for

                   the State.

                                2. No one appears on behalf of the informant.

                                3. This is an appeal under Section 14-A(2) of the

                   Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)

                   Act, 1989 (hereinafter referred to as the “SC/ST Act”) against the

                   refusal of prayer for anticipatory bail vide order dated 07.08.2024 in

                   A.B.P. No. 969 of 2024 passed by the learned 1st Additional Sessions

                   Judge-cum-Special Judge, SC/ST (POA) Act, Madhepura in

                   connection with Murliganj P.S. Case No. 257 of 2024 registered

                   under Sections 341, 342, 323, 307, 379, 504 and 506/34 of the Indian

                   Penal Code as well as Sections 3(i)(r)(s) of the SC/ST Act.
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                       4. Learned Senior Counsel appearing on behalf of the

          appellant submits that appellant is a person with clean antecedent and

          the informant alleges that he was intercepted by the accused persons

          while he was going to the market and appellant assaulted him by an

          iron rod causing injury on head while Dil Khush took out cash from

          the pocket of the informant.

                       5. Learned Senior Counsel for the appellant submits that

          appellant has been falsely implicated in the instant case by the

          informant. It is further submitted that there is no allegation of hurling

          abuse, rather allegation is of assault by an iron rod by the appellant

          causing injury on head but then it is submitted that the date of

          occurrence is 25.05.2024 and the FIR came to be instituted on

          02.06.2024 i.e. after a delay of more than eight days which casts an

          aspersion on the case of the prosecution. It is next submitted that had

          the informant been assaulted in the manner as alleged in that event,

          the Doctor would have informed the police that a case of assault is

          being treated in the hospital. It is also submitted that from perusal of

          para 15 of the case diary, it would manifest that though injury has

          been opined to be grievous but then the injury is not on head, rather

          the injury report records that injury on clavicle is grievous which

          does not get corroborated by the allegation as alleged in the FIR.

                       6. Learned Special Public Prosecutor for the State

          opposes the prayer for anticipatory bail of the appellant and submits

          that case diary has not been called for on which learned Senior
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                     Counsel appearing on behalf of the appellant submits that he has a

                     copy of the case diary, as such, learned Special Public Prosecutor

                     after perusing para 15 of the case diary fairly submits that the same

                     does not record any injury on head.

                                  7. Considering the submissions made by the learned

                     Senior Counsel appearing on behalf of the appellant and also taking

                     into consideration that the FIR was instituted based on the written

                     report of the informant after a delay of more than eight days, let the

                     appellant, above-named, in the event of his arrest or surrender within

                     a period of six weeks from the date of receipt of the order, be

                     released on anticipatory bail on furnishing bail bonds of Rs.5,000/-

                     (Rupees Five Thousand) with two sureties of the like amount each to

                     the satisfaction of the learned Trial Court where the case is pending

                     in connection with the aforesaid case, subject to the conditions as laid

                     down under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.

                                  8. Accordingly, the impugned order is set aside and this

                     appeal stands allowed.


                                                                            (Satyavrat Verma, J)

Kundan/-

U     T