Bibhesh Kumar @ Vibhesh Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Bibhesh Kumar @ Vibhesh Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail granted to the three named appellants (Bibhesh Kumar @ Vibhesh Kumar, Buchken Vishwas, Mahanand Vishwash): on arrest or surrender within eight weeks, to be enlarged on bail on bail-bonds of Rs. 10,000/- each with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge-I-cum-Special Judge, SC/ST Act, Supaul in ABA No. 1318 of 2024; the impugned order dated 22.10.2024 is set aside with respect to these appellants only.

Issue for consideration

Whether the appellants, whose prayer for anticipatory bail in ABA No. 1318 of 2024 was rejected by the learned District & Additional Sessions Judge-I-cum-Special Judge, SC/ST Act, Supaul on 22.10.2024, are entitled to be enlarged on anticipatory bail. +1 more

Court's answer

Considering the aforesaid facts, the appellants, as named above, in the event of their arrest or surrender within a period of eight weeks, are to 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 the learned Additional Sessions Judge-I-cum-Special Judge, SC/ST Act, Supaul in ABA No. 1318 of 2024 arising out of Jadiya P.S. Case No. 167 of 2024.

Ratio / Principle

This criminal appeal is allowed and the impugned order dated 22.10.2024 is set aside with respect to these appellants only.

Detailed headnote1 paragraphs

Anticipatory bail granted — Patna High Court (Prabhat Kumar Singh, J), Criminal Appeal (SJ) No. 191 of 2025, decided 20-11-2025. The appeal was filed against the order dated 22.10.2024 of the learned District & Additional Sessions Judge-I-cum-Special Judge, SC/ST Act, Supaul rejecting the appellants' prayer for anticipatory bail in ABA No. 1318 of 2024, arising out of Jadiya P.S. Case No. 167 of 2024 (Thana Jadia, District Supaul), registered under Sections 191(2), 191(3), 190, 126(2), 115(2), 118(1), 117(2), 109, 76, 308(2), 324(4), 303(2), 352, 351(2) of the Bharatiya Nyaya Sanhita and Sections 3(1)(r)(s), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Counsel for the appellants contended that a land-possession dispute led to a maarpeet in which both sides were injured (case and counter case), that the assault allegations against the appellants were general and omnibus with no specific overt act, and that no caste-based insult attracting the SC/ST Act occurred; the State and respondent no. 2 opposed bail. Considering these facts, the Court directed that on arrest or surrender within eight weeks the appellants be enlarged on bail on bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each, allowed the appeal, and set aside the impugned order dated 22.10.2024 with respect to these appellants only.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.191 of 2025

Arising Out of PS. Case No.-167 Year-2024 Thana- JADIA District- Supaul

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

1. Bibhesh Kumar @ Vibhesh Kumar S/O Mahanand Vishwas R/V - Koriapatti, P.S- Jadia, Dist-Supaul

Buchken Vishwas Son of Bauya Vishwas R/V - Koriapatti, P.S- Jadia, DistSupaul

Mahanand Vishwash Son of Fuleshwar Vishwash R/V - Koriapatti, P.SJadia, Dist-Supaul

... ... Appellant/s

Versus

The State of Bihar

Harshvardhan Kumar Singh S/O Amrendra Singh R/V - Koriapatti, P.SJadia, Dist-Supaul

... ... Respondent/s

====================================================== Appearance : For the Appellant/s : Mr. Prafull Chandra Thakur, Advocate For the Respondent/s : Mrs. Usha Kumari 1, Spl. Public Prosecutor For the R.No. 2 : Mr. Santosh Kumar, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

4 20-11-2025

Heard learned counsel for the appellants, respondent

no. 2 and the State.

This appeal has been filed against the order dated 22.10.2024 passed by learned District & Additional Sessions Judge-I-cum-Special Judge, SC/ST Act, Supaul in ABA No. 1318 of 2024 arising out of Jadiya P.S. Case No. 167 of 2024 registered under Sections 191(2), 191(3), 190, 126(2), 115(2), 118(1), 117(2), 109, 76, 308(2), 324(4), 303(2), 352, 351(2) of the Bharatiya Nyaya Sanhita and Sections 3(1)(r)(s), 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of

Patna High Court CR. APP (SJ) No.191 of 2025(4) dt.20-11-2025 2/3

Atrocities) Act, whereby the prayer for anticipatory bail of appellants has been rejected.

It is alleged that all the F.I.R. named accused persons, including these appellants, abused informant and others by caste name and assaulted them due to which two persons sustained injuries.

Learned counsel for the appellants submits that dispute over possession of land led to an occurrence of maarpeet in which both sides sustained injuries. Case and counter case. Allegation of assault against appellants is general and omnibus and there is no specific allegation of any overt act against them. Insult was not caused to the informant on the basis of caste, as such, no case under SC/ST Act is made out against the appellants.

Learned Spl. Public Prosecutor for the State as well as learned counsel for the respondent no. 2 vehemently opposed the bail application.

Considering the aforesaid facts, 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

Patna High Court CR. APP (SJ) No.191 of 2025(4) dt.20-11-2025 3/3

two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I-cum-Special Judge, SC/ST Act, Supaul in ABA No. 1318 of 2024 arising out of Jadiya P.S. Case No. 167 of 2024.

7 Accordingly, this criminal appeal is allowed and impugned order dated 22.10.2024 is set aside with respect to these appellants only.

(Prabhat Kumar Singh, J)

Navya/-

U T