CR. APP (SJ)/801/2025 of Deo Kumar Dubey Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.801 of 2025 Arising Out of PS. Case No.-662 Year-2024 Thana- DAUDNAGAR District- Aurangabad ====================================================== Deo Kumar Dubey S/O Late Jugat Narayan Dubey Resident of Village- Khairadeep, P.S.- Daudnagar, District- Aurangabad ... ... Appellant/s Versus 1. The State of Bihar 2. Satyadeo Ram Son of Ramvriksh Ram R/O Vill Khuthan P.S Obra Dist Aurangabad, ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Binod Kumar Pandey For the Respondent/s : Ms. Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 5 30-04-2026 1. Heard learned counsel for the appellant and the learned Special P.P. Ms. Usha Kumari No.I for the State. No one appears on behalf of the respondent no.2. 2. 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 28.01.2025 in A.B.P. No. 2658/2024, arising out of Daudnagar P.S. Case No.662/2024 passed by the learned Special Judge, SC/ST-cum-A.D.J.-1st, Aurangabad, registered under Sections 132, 303(2), 224 of the BNS, 2023 and Sections 3(i)(r), 3(1)(S) of the SC/ST Act. Patna High Court CR. APP (SJ) No.801 of 2025(5) dt.30-04-2026 2/3 3. Learned counsel for the appellant submits that appellant is a person with clean antecedent and the informant alleges that he is Head Clerk in Circle Office, further he received file of the appellant with an objection from DCLR relating to compensation of death relating to cow as there was no mention of death of fire on account of fire, further Dev Kumar came and fled with the file and abused by taking caste name and also threatened. 4. Learned counsel submits that appellant has been falsely implicated in the instant case by the informant. It is next submitted that cow of the appellant died on account of fire and postmortem report was also submitted but then the authorities instead of paying compensation in accordance with law were making the appellant run from pillar to post. It is also submitted that the file had come with an objection that the cow was burnt but had not died, the said objection was a frivolous objection as appellant has submitted the postmortem report of the cow even, as such the appellant had gone to the office for verifying that as to whether his compensation amount has come or not on which an altercation took place and the instant false case came to be instituted. 5. Learned Special Public Prosecutor opposes the Patna High Court CR. APP (SJ) No.801 of 2025(5) dt.30-04-2026 3/3 appeal. 6. Considering the submission made by the learned counsel for the appellant, the order impugned is set aside and 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 bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with the aforesaid case, subject to the conditions as laid down under Section 482(2) of the BNSS. 7. Accordingly, the impugned order is set aside and this appeal stands allowed. amit/- (Satyavrat Verma, J) U T