Ashutosh Kumar @ Ashutosh Kumar Verma @ Praduman Kumar Verma Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Ashutosh Kumar @ Ashutosh Kumar Verma @ Praduman Kumar Verma Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Appellants to be enlarged on bail upon arrest or surrender within eight weeks, on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each; impugned order dated 08.02.2023 set aside with respect to these appellants only.

Issue for consideration

Whether the appellants, whose prayer for anticipatory bail in SC/ST P.S. Case No. 44 of 2022 (ABP No. 90 of 2023) was rejected by order dated 08.02.2023, ought to be enlarged on bail.

Court's answer

Considering the nature of accusation, the case-and-counter-case situation and the appellants' clean antecedent, the court decided to enlarge the appellants on bail.

Ratio / Principle

The appellants, in the event of their arrest or surrender within a period of eight weeks, were directed to be enlarged on bail.

Key takeaways

The bail enlargement is conditioned on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each, to the satisfaction of the Special Judge, SC/ST, Munger.ratio¶25
The impugned order dated 08.02.2023 is set aside with respect to these appellants only (continuation in the immediately following numbered line of the same sentence reads 'these appellants only.').ratio¶28
Accordingly, this criminal appeal is allowed.ratio

Detailed headnote1 paragraphs

Patna High Court (Prabhat Kumar Singh, J) allowed Criminal Appeal (SJ) No. 1218 of 2023 and set aside the order dated 08.02.2023 of the 1st Additional Sessions Judge-cum-Special Judge, SC/ST, Munger, which had rejected the appellants' prayer for anticipatory bail in ABP No. 90 of 2023, arising out of SC/ST P.S. Case No. 44 of 2022, registered under Sections 147, 342, 323, 354(B), 504 IPC and Section 3(i)(r)(s) W(I), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Per the prosecution case, on 27.11.2022 the FIR-named accused, including the appellants, abused the informant by caste name and assaulted him. Considering the nature of accusation, the case-and-counter-case position and the appellants' clean antecedent, the court directed that appellants Ashutosh Kumar @ Ashutosh Kumar Verma @ Praduman Kumar Verma and Sunaina Devi, on arrest or surrender within eight weeks, be enlarged on bail on bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each, to the satisfaction of the 1st Additional District & Sessions Judge-cum-Special Judge, SC/ST, Munger. The setting aside of the impugned order operates with respect to these appellants only.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1218 of 2023

Arising Out of PS. Case No.-44 Year-2022 Thana- SC/ST District- Munger

======================================================

Ashutosh Kumar @ Ashutosh Kumar Verma @ Praduman Kumar Verma Son of Sunil Pd. Verma R/V- Dariyapur, Mandir Tola, P.s- Haveli Kharagpur Dist- Munger

Sunaina Devi Wife of Sunil Prasad Verma R/O Vill.- Dariyapur, Mandir Tola, P.s.- Haveli, Kharagpur, Dist.- Munger

... ... Appellant/s

Versus

The State of Bihar

Pramod Paswan Son of Late Kapildeo Paswan R/V- Dariyapur, Mandir Tola, P.s- Haveli Kharagpur Dist- Munger

... ... Respondent/s

======================================================

Appearance :

For the Appellant/s : Mr. Nawal Kishore Singh, Advocate For the Respondent/s : Mr. Binay Krishna, Spl. Public Prosecutor

======================================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

4 18-11-2025 Despite valid service of notice, none appears on behalf of the respondent no. 2.

Heard learned counsel for the appellants and the

State.

This appeal has been filed against the order dated 08.02.2023 passed by learned 1^st Additional Sessions Judgecum-Special Judge, SC/ST, Munger in ABP No. 90 of 2023 arising out of SC/ST P.S. Case No. 44 of 2022, registered under Sections 147, 342, 323, 354(B), 504 of the Indian Penal Code and Section 3(i)(r)(s) W(I), 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the

Patna High Court CR. APP (SJ) No.1218 of 2023(4) dt.18-11-2025 2/3

prayer for anticipatory bail of appellants has been rejected.

As per prosecution case, on 27.11.2022 at about 5 PM, all the F.I.R. named accused persons, including these appellants, abused informant by caste name and assaulted him with fists and slaps.

Learned counsel for the appellants submits that appellants are innocent and have committed no offence. He next submits that on money dispute, altercation took place between the parties. Case and counter case. Insult was not caused to the informant solely on the ground that he belongs to SC/ST category, as such, no offence under SC/ST Act is made out against appellants. Appellants claim clean antecedent.

Learned Spl. Public Prosecutor for the State vehemently opposed the bail application.

Considering the nature of accusation, case and counter case and clean antecedent, let the appellants, as named above, in the event of their arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of 1^st Additional District & Sessions Judge-cum-Special Judge, SC/ST, Munger in connection with SC/ST P.S. Case No. 44 of 2022.

Patna High Court CR. APP (SJ) No.1218 of 2023(4) dt.18-11-2025 3/3

Accordingly, this criminal appeal is allowed and

impugned order dated 08.02.2023 is set aside with respect to

these appellants only.

(Prabhat Kumar Singh, J)

Navya/-

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