Kundan Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Kundan Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Enlargement of the appellants on bail, in the event of arrest/surrender within eight weeks, on furnishing a bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each, to the satisfaction of the learned Exclusive Spl. Judge SC/ST Act, Patna, in connection with Naubatpur Police Station Case No. 96 of 2025.

Issue for consideration

Whether the appeal should be allowed and the order dated 10.03.2025 rejecting the appellants' prayer for anticipatory bail in Naubatpur PS Case No. 96 of 2025 set aside, entitling the appellants to be enlarged on bail.

Court's answer

The appeal is allowed and the impugned order dated 10.03.2025 rejecting anticipatory bail is set aside.

Ratio / Principle

The named appellants, in the event of arrest or surrender within eight weeks from receipt/production of a copy of the order, are to be enlarged on bail on furnishing a bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each, to the satisfaction of the learned Exclusive Spl. Judge SC/ST Act, Patna, in connection with Naubatpur Police Station Case No. 96 of 2025.

Detailed headnote1 paragraphs

Patna High Court (Prabhat Kumar Singh, J) allowed Criminal Appeal (SJ) No. 1323 of 2025, decided 10-11-2025, and set aside the order dated 10.03.2025 rejecting the appellants' anticipatory-bail prayer in Naubatpur PS Case No. 96 of 2025 (PS Naubatpur, District Patna), a case registered for offences punishable under Ss. 126(2), 115(2), 75, 303(2), 352, 351(2) and 3(5) BNS and Ss. 3(1)(ध), 3(1)(द) and 3(2)(va) of the Schedule Cast and Schedule Tribes Act. As per the prosecution case, the informant Ashok Kumar Das alleged that on 09.02.2025 the FIR-named accused publicly abused Dr. B.R. Ambedkar and, on his objection, abused him by caste name, and that on 11.02.2025 they inserted bamboo into the motorcycle wheel of the informant's brother, assaulted him and took Rs. 500/-. The appellants pleaded innocence, asserting that the informant's side was forcefully collecting chanda for Ambedkar Jayanti, that a counter-case (Naubatpur PS Case No. 97 of 2025) was lodged against the informant's side, that no offence under the SC/ST Act was made out, and claimed clean antecedents; the State opposed bail. The Court allowed the appeal and directed that the appellants, on arrest or surrender within eight weeks, be enlarged on bail on a bond of Rs. 10,000/- each with two like sureties before the learned Exclusive Spl. Judge SC/ST Act, Patna. Respondent No. 2 was duly served but nobody appeared for him.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1323 of 2025

Arising Out of PS. Case No.-96 Year-2025 Thana- NAUBATPUR District- Patna

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

Kundan Kumar Son of Jai Prakash Gupta Village- Ajwan PS- Naubatpur Dist- Patna

Chandan Kumar son of Jai Prakash Gupta Village- Ajwan PS- Naubatpur Dist- Patna

Raushan Kumar Son of vijay Gupta Village- Ajwan PS- Naubatpur DistPatna

Bhim Kumar @ Rohit Kumar son of Vijay Gupta Village- Ajwan PSNaubatpur Dist- Patna

... ... Appellant/s

Versus

The State of Bihar

Ashok Kumar Das son of Tapeshwar Das Village- Ajwan PS- Naubatpur Dist- Patna

... ... Respondent/s

====================================================== Appearance : For the Appellant/s : Mr. Ajay Kumar , Advocate For the Respondent/s : Mrs. Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

2 10-11-2025

Heard learned counsel for the parties. Despite

valid service of notice , nobody appears on behalf of respondent No.2.

This appeal has been filed for setting aside order dated 10.03.2025 passed in a case registered for the offence punishable under sections 126(2), 115(2), 75, 303(2), 352, 351(2), 3(5) BNS and 3(1)(ध), 3(1) (द) 3(2) (va) Schedule Cast and Schedule Tribes Act, whereby the prayer for anticipatory bail of the appellant has been rejected.

Patna High Court CR. APP (SJ) No.1323 of 2025(2) dt.10-11-2025 2/3

3 . As per the prosecution case, the informant, Ashok Kumar Das, has alleged that on 09.02.2025, all the F.I.R.-named accused persons were publicly hurling derogatory and contemptuous abuses against the late Dr. B.R. Ambedkar. When the informant objected, accused persons abused informant by caste name and on 11.02.2025 they inserted bamboo into the wheel of motorcycle of brother of informant and assaulted him and also took away Rs. 500/- from him.

It is submitted on behalf of these appellants that appellants are innocent and have committed no offence as alleged. As a matter of fact, informant and others were forcefully collecting chanda to celebrate Dr. Ambedkar Jayanti and when these appellants refused to give chanda , informant and others assaulted appellants side for which Naubatpur PS Case No. 97 of 2025 was lodged against informant and others . It is further submitted that the offence was not committed only on the ground that the informant was a member of Schedule caste and Schedule Tribes and as such, no case under Section SC / ST Act is made out. Appellants claim clean antecedent.

5 . Learned special Public Prosecutor for the State opposed the bail.

Considering the aforesaid facts, this appeal is

Patna High Court CR. APP (SJ) No.1323 of 2025(2) dt.10-11-2025 3/3

allowed and the impugned order is set aside. Let the appellants, named above, in the event of arrest/surrender within a period of eight weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Spl. Judge SC/ST Act, Patna in connection with Naubatpur Police Station Case No. 96 of 2025 .

(Prabhat Kumar Singh, J)

Koushik/-

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