Patna High Court – Orders
Vishal Kumar @ Ankit Raj vs The State Of Bihar on 15 July, 2025
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1859 of 2024
Arising Out of PS. Case No.-2 Year-2024 Thana- SC/ST District- Patna
======================================================
1. Vishal Kumar @ Ankit Raj son of Umesh Rai @ Umesh Ram @ Umesh
Kumar Resident of village - Jalpura, P.S.- Naubatpur (Piplawan), Dist.-
Patna
2. Rahul Kumar Son of Vijendra Rai @ Vijendra Ram Resident of village -
Jalpura, P.S.- Naubatpur (Piplawan), Dist.- Patna
3. Pankaj Kumar @ Gulu @ Pankaj Kumar Verma son of Dularchand Verma
Resident of village - Jalpura, P.S.- Naubatpur (Piplawan), Dist.- Patna
4. Sarvjit Kumar @ Sethji Son of Late Yogendra Singh Resident of village -
Jalpura, P.S.- Naubatpur (Piplawan), Dist.- Patna
... ... Appellant/s
Versus
1. The State of Bihar Patna
2. Birbal Kumar Son of Lalan Paswan Resident of Village- Jaitipur, P.S.-
Naubatpur (Piplawan), Dist.- Patna
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Pramod Kumar, Advocate
For the Respondent/s : Mr. Binay Krishna, Spl. P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
5 15-07-2025
Heard Mr. Pramod Kumar, learned counsel for the
appellants and Mr. Binay Krishna, learned Spl.P.P. for the State.
2. Despite valid service of notice upon Respondent
No.2, no one appears on behalf of Respondent No.2.
3. This is an appeal under Sections 14(A)(2) against
refusal of the prayer for anticipatory bail by order dated
16.03.2024 passed by the learned Exclusive Special Judge
S.C./S.T., Patna in connection with A.B.P. No. 682 of 2024
(arising out of S.C./S.T. P.S. Case No. 02 of 2024), F.I.R. dated
Patna High Court CR. APP (SJ) No.1859 of 2024(5) dt.15-07-2025
2/4
04.01.2024 registered under Sections 341, 323, 307, 504 and 34
of the Indian Penal Code and Sections 3(1)(r)(s)/3(2)(v) of the
Scheduled Castes and Scheduled Tribes Act.
4. According to the prosecution case, the informant
alleged that on 03.01.2024 at around 06:20 P.M., while he was
on his way, appellants verbally abused him using caste-based
slurs and then assaulted him with lathi, danda and iron rod. As a
result, he sustained injuries. Further, he was taken to Referral
Hospital, Naubatpur and later referred to AIIMS, Patna. After
treatment and regaining consciousness, he discovered that his
gold chain was missing.
5. Learned counsel for the appellants submits that the
appellant nos. 2 to 4 have clean antecedent and appellant no. 1
carries one case other than the present and they have falsely
been implicated in the present case. Although the appellants are
named in the F.I.R., but from a bare perusal of the F.I.R., it
appears that there is no specific allegation of any assault or
overt act attributed against the appellants rather there is general
and omnibus allegation against all the accused persons including
these appellants and no offence is made out under the Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Act
against the appellants. Further submits that the appellants have
Patna High Court CR. APP (SJ) No.1859 of 2024(5) dt.15-07-2025
3/4
no intention to abuse the informant in any manner.
6. Learned Special Public Prosecutor for the State, on
the other hand, has vehemently opposed the prayer for bail of
the appellants.
7. After hearing the parties, in my view for the
purpose of this anticipatory bail, no offence under the provisions
of Scheduled Castes and Scheduled Tribes Act is made out.
8. Considering the aforesaid facts and there is no
specific allegation of any assault or overt act attributed against
the appellants rather there is general and omnibus allegation
against all the accused persons including these appellants, let the
appellants, above named, in the event of their arrest or surrender
before the Court below within a period of thirty days from the
date of receipt of the order, be released on anticipatory bail on
furnishing bail bond of Rs. 10,000/- (Ten thousand) with two
surities of the like amount each to the satisfaction of learned
Exclusive Special Judge S.C./S.T., Patna in connection with
A.B.P. No. 682 of 2024 (arising out of S.C./S.T. P.S. Case No.
02 of 2024), subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure / Section
482(2) of the Bhartiya Nagarik Suraksha Sanhita, 2023 and with
other following conditions:-
Patna High Court CR. APP (SJ) No.1859 of 2024(5) dt.15-07-2025
4/4i. Appellants shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the appellants tamper with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the appellants and in case at
any stage it is found that the appellants have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the appellants. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
9. Accordingly, the impugned order is set aside and
this appeal stands allowed.
(Rajesh Kumar Verma, J)
Neha/-
U T
[ad_1]
Source link