Patna High Court
CR. APP (SJ)/2435/2025 of Golu Kumar Vs The State of Bihar on 13 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2435 of 2025 Arising Out of PS. Case No.-549 Year-2024 Thana- GARKHA District- Saran ====================================================== Golu Kumar S/o Lallan Rai Resident of village- Mubarakpur, P.S.- Garkha, District- Saran ... ...
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2435 of 2025
Arising Out of PS. Case No.-549 Year-2024 Thana- GARKHA District- Saran ======================================================
Golu Kumar S/o Lallan Rai Resident of village- Mubarakpur, P.S.- Garkha, District- Saran
... ... Appellant/s
Versus
1.
The State of Bihar
2.
Maina Devi W/o Mudrika Ram R/o Vill- Mubarakpur, P.S.- Garkha, Distt- Saran
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s
:
Ms. Mili Kumari, Mr. Sashi Wats & Ms.Shambhavi For the Respondent/s :
Mr. Sadanand Paswan, Special P.P.
For the Resident-2
:
Mr. Anil Kumar Sinha, Adv. & Mr. Naleen Kr.,Adv ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
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ORAL ORDER
13-08-2026 Heard learned counsel for the appellant and learned Special P.P. for of the State and learned counsel appearing on behalf of respondent no. 2.
2. This appeal has been filed against an order, passed by learned Exclusive Special Judge, SC/ST Act, Saran at Chapra in a case registered under Sections 126(2), 115(2), 74, 352/3(5) of the B.N.S. and Section 3(i)(r)(s, 3 (2)(va) of the SC/ST Act, whereby the prayer for anticipatory bail of appellant has been rejected.
3. As per prosecution case, on 30.08.2024, grand daughter of informant was going to attend coaching class, in the meantime, this appellant and co-accused Lalan Rai started Patna High Court CR. APP (SJ) No.2435 of 2025(7) dt.13-08-2026
teasing her and also abused her with caste name and when informant and her grand daughter went to the house of accused persons to make complaint, they were abused and assaulted.
4. Learned counsel for the appellant submits that both parties are co-villagers and on a petty dispute, verbal altercation took place between the parties and taking advantage of the situation, informant has lodged this false & concocted case. Injuries are simple in nature. It is not the case of the informant that the alleged occurrence took place within public view and as such, no case under the SC/ST Act is made out. Appellant claims clean antecedent.
5. Learned counsel for respondent no. 2 opposes the appeal.
6. However, considering the aforesaid facts and circumstances, the impugned order is, hereby, set aside and this appeal is allowed.
7. Let the appellant, as named above, in the event of arrest or surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, SC/ST Act, Chapra, Saran in connection with Garkha P.S. Case No. 549 of Patna High Court CR. APP (SJ) No.2435 of 2025(7) dt.13-08-2026
2024.
anay/- (Prabhat Kumar Singh, J) U T