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Karan Kumar v. The State of Bihar

Patna HC19 Jun 2025CR. APP (SJ)/190/2025

Case brief

AI extract

What is this about?

Bail appeal under Section 14A(2) SC/ST Act 1989; refusal of bail set aside by Patna High Court; FIR Muffasil PS Case No. 235/2023 dt. 23.02.2023, Gaya; charges Ss. 341, 323, 307, 354, 504 r/w S. 34 IPC and Ss. 3(1)(r)(s) SC/ST Act (caste-name abuse); appellant Karan Kumar v. State of Bihar and informant Rajeshwar Das; co-accused Lalinder Yadav earlier granted bail (Cr. Appeal (SJ) No. 231/2025, dt. 01.05.2025); appellant had one criminal antecedent, in custody since 06.12.2024; bail bond Rs. 20,000 with two sureties of like amount; decision date 19-06-2025.

What did the court decide?

Appellant directed to be enlarged on bail on furnishing bail bond of Rs. 20,000 with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Judge, SC/ST Act, Gaya in B.P. No. 4033/2024 arising out of Muffasil P.S. Case No. 235/2023.

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

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the appellant, whose prayer for bail was refused by the Exclusive Special Judge, SC/ST Act, Gaya (order dated 12.12.2024 in B.P. No. 4033/2024), should be enlarged on bail notwithstanding opposition by the State and the informant.

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Court's answer

Finding substance in the contention of learned counsel for the appellant, this Court set aside the impugned order dated 12.12.2024 refusing bail passed by the Exclusive Special Judge, SC/ST Act, Gaya.

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Ratio / Principle

The criminal appeal is allowed.

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Key takeaways

The appellant is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000 with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Judge, SC/ST Act, Gaya.ratio¶23

Detailed headnote1 paragraphs

Patna High Court (Chandra Prakash Singh, J), Criminal Appeal (SJ) No.190 of 2025, decided 19-06-2025 - Appeal under Section 14A(2) of the SC/ST Act, 1989 against refusal of bail vide order dated 12.12.2024 passed by the Exclusive Special Judge, SC/ST Act, Gaya in B.P. No. 4033/2024, arising out of Muffasil P.S. Case No. 235/2023 (dated 23.02.2023), registered for offences punishable u/s 341, 323, 307, 354 and 504 read with Section 34 IPC and Sections 3(1)(r)(s) of the SC/ST Act. Prosecution case: appellant and co-accused assaulted the informant and his family members and abused them by taking their caste name. Appellant's counsel pleaded false implication, absence of any particular caste name called by the appellant, grant of bail to the co-accused vide order dated 01.05.2025 in Cr. Appeal (SJ) No. 231/2025, one criminal antecedent, and custody since 06.12.2024. Finding substance in these contentions, the Court set aside the bail-refusal order, allowed the appeal, and directed the appellant's enlargement on bail on a bond of Rs. 20,000 with two sureties of the like amount each.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.190 of 2025

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Arising Out of PS. Case No.-235 Year-2023 Thana- GAYA MUFASIL District- Gaya

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

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Karan Kumar S/o- Kishori Yadav Resident of village- kaiya Police stationMuffasil District- Gaya

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... ... Appellant/s

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Versus

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The State of Bihar Bihar

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Rajeshwar Das S/o- Prabhu Das Resident of village- kaiya Police stationMuffasil District- Gaya

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... ... Respondent/s

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====================================================== Appearance : For the Appellant/s : Mr.Braj Nandan Kumar Tiwary For the Respondent/s : Mr.Binay Krishna For the informant : Mr. Ranjeet Kr. Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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4 19-06-2025

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Heard learned counsel for the appellant, learned counsel for the informant and learned Special Public Prosecutor for the State.

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2 . This is an appeal under Section 14A(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 12.12.2024 passed by the learned Exclusive Special Judge, SC/ST Act, Gaya in B.P. No. 4033/2024 arising out of Muffasil P.S. Case No. 235/2023 dated 23.02.2023 registered for the offence/s punishable u/s 341, 323, 307, 354 and 504 read with Section 34 of the Indian Penal Code and Sections 3(1)(r)(s) of

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Patna High Court CR. APP (SJ) No.190 of 2025(4) dt.19-06-2025 2/3

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the SC/ST Act.

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3 . As per the prosecution case, the appellant and the co-accused persons are alleged to have assaulted the informant and his family members and also abused them by taking their caste name.

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4 . Learned counsel for the appellant has submitted that the appellant has falsely been implicated in this case due to ulterior motive. As per FIR, no member of public was present at the relevant point of time of the incident. Learned counsel has further submitted that no particular caste name has been called by the appellant hence no case is made out under SC/ST Act. The other co-accused person has already been granted bail by the co-ordinate Bench of this court vide order dated 01.05.2025 passed in Cr. Appeal (S.J). No. 231/2025. The specific allegation of assaulting on the head of the informant's father is against the co-accused, Lalinder Yadav. The appellant has one criminal antecedent as stated at para 3 of the bail petition. The appellant is in custody since 06.12.2024.

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5 . Learned Spl. P.P. for the State as well as learned counsel for the informant have vehemently opposed the prayer of bail.

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6. In view of the aforesaid facts and circumstances of

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Patna High Court CR. APP (SJ) No.190 of 2025(4) dt.19-06-2025 3/3

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the case as well as finding substance in the contention of the learned counsel for the appellant, the impugned order dated 12.12.2024 passed by the learned Exclusive Special Judge, SC/ST Act, Gaya in B.P. No. 4033/2024 arising out of Muffasil P.S. Case No. 235/2023 is set aside against the appellant. The criminal appeal is allowed.

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7. Accordingly, the above named appellant, is 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 Exclusive Special Judge, SC/ST Act, Gaya in B.P. No. 4033/2024 arising out of Muffasil P.S. Case No. 235/2023.

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(Chandra Prakash Singh, J)

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atul/-

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U T

Karan Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Karan Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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What the court decided

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