Patna High Court – Orders
Kanhai Kumar @ Knhai Kumar vs The State Of Bihar on 11 July, 2025
Author: Prabhat Kumar Singh
Bench: Prabhat Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.5533 of 2024
Arising Out of PS. Case No.-174 Year-2024 Thana- GORAUL District- Vaishali
======================================================
Kanhai Kumar @ Knhai Kumar Son of Ram Pravesh Singh Resident of
Village - Mathurapur, P.S. - Goraul, District - Vaishali
... ... Appellant/s
Versus
1. The State of Bihar
2. Sonu Kumar, Sub-Inspector, Kathara Police Station, District - Vaishali Bihar
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Mrityunjay Kumar , Advocate
For the Respondent/s : Mr. Sadanand Paswan, Spl. PP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 11-07-2025
Heard learned counsel for the appellant, the State .
Despite valid service of notice , nobody appears on behalf of
respondent No. 2.
2. This appeal has been filed for setting aside order
dated 08.10.2024 passed in a case registered for the offence
punishable under sections 147, 148 , 149, 341 , 342, 323 , 324,
326, 332, 333 , 353 , 354, 224, 225 , 307, 504 and 506 of the
IPC and sections 3 (1) ( r ) ( s ), 3 ( 2 ) (va) , 3 ( 2 ) (v) of the
Scheduled Castes and Scheduled Tribes Act, whereby prayer for
Patna High Court CR. APP (SJ) No.5533 of 2024(3) dt.11-07-2025
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regular bail of the appellant has been rejected.
3 . As per the prosecution case , informant namely
Sonu Kumar (A S I ) alleged that on 08.05.2024 at 1:10 PM,
while arresting Kanhai Kumar in Kathara P S Case No. 398 of
2023 , a mob of 100 persons incited by this appellant, attacked
police party . It is further alleged that co-accused Ram Pravesh
singh bit off part of the ear of informant and mob got freed this
appellant.
4. It is submitted that the appellant is innocent and
has committed no offence as alleged. Allegation is general and
omnibus. No specific overt act is alleged against this appellant.
It is not the case of the informant that any member of the public
was present at the place of the incident; as such, no offense
under the SC/ST Act is made out against the appellant, and he
has been in custody since 26.09.2024 .
5 . Learned special Public Prosecutor for the State
opposed the bail appeal.
6. Considering the aforesaid facts, this appeal is
allowed and the impugned order is set aside .
7. Let the appellant, named above, be released on bail
on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two
sureties of the like amount each to the satisfaction of the
Patna High Court CR. APP (SJ) No.5533 of 2024(3) dt.11-07-2025
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learned Court of Exclusive special Judge SC / ST Vaishali at
Hajipur in connection with Goraul Police Station Case No.
174 of 2024 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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