Rohit Kumar Vs The State of Bihar

====================================================== Appearance : For the Appellant/s : Mr. Suryadeo Prasad Singh, Adv. For the Respondent/s : Mr. Usha Kumari 1, Spl.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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4 04-09-2025

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Heard learned counsel for the appellants and learned

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Special Public Prosecutor for the State.

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2 . This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter in short referred to as the SC/ST Act) against the refusal of prayer of bail vide order dated 11.03.2025 passed by the learned Exclusive Special Judge, SC/ST Act, Sadar in connection with Dhanarua P.S. Case No. 475 of 2024 dated 19.08.2024 registered for the offence/s punishable u/s 126(2), 115(2), 109(1), 352, 351(3) read with Section 3(5) of B.N.S., Section 27 of the Arms Act and Section

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Patna High Court CR. APP (SJ) No.1739 of 2025(4) dt.04-09-2025 2/3

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3(1)(r))(s), 3(2)(va) of SC/ST Act.

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3 . As per the prosecution case, on 18.08.2024 around 06:30 P.M., the informant went to road and saw that the appellants along with the co-accused persons were assaulting one Kundan Kumar, when the informant intervened, then they started abusing by taking caste name and assaulting him. Thereafter, the accused persons started firing from his pistol on the informant and Kundan Kumar with intention to kill as a result of which the informant and Kundan Kumar sustained injuries.

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4 . Learned counsel for the appellants has submitted that the appellants have falsely been implicated in this case due to ulterior motive. There is no specific allegation against the appellants rather the allegation of firing on the informant is general and omnibus in nature. There is no allegation of abusing against the appellants and hence, no offence under the provisions of SC/ST Act is made out against the appellants. As per the injury report of the injured, the injuries are stated to be simple in nature. The appellants have no concern with the alleged offence. The appellants have one criminal antecedent as stated at para 3 of the bail petition. The appellants are in custody since 12.02.2025.

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Patna High Court CR. APP (SJ) No.1739 of 2025(4) dt.04-09-2025 3/3

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5 . Learned Spl.P.P. for the State has vehemently opposed the prayer of bail.

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6. In view of the aforesaid facts and circumstances of the case as well as finding substance in the contention of the learned counsel for the appellants, the impugned order dated 11.03.2025 passed by the learned Exclusive Special Judge, SC/ST Act, Sadar in connection with Dhanarua P.S. Case No. 475 of 2024 is set aside against the appellants. The criminal appeal is allowed.

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7. Accordingly, the above named appellants, are directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned, Patna in connection with Dhanarua P.S. Case No. 475 of 2024.

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(Chandra Prakash Singh, J)

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shivam/-

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U T

Rohit Kumar v. The State of Bihar

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Rohit Kumar v. The State of Bihar

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