Manish Kumar Vs The State of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.222 of 2025

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Arising Out of PS. Case No.-343 Year-2024 Thana- SHAHPUR PATORI District- Samastipur

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

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Manish Kumar S/o- Lal Sahni @ Lala Sahni R/V- Chaksalem tola hasanpur surat Ps- Shahpur patory District-Samstipur

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... ... Appellant/s

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Versus

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The State of Bihar

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Sikdev Paswan S/o- Late Saryug Paswan R/v- Chaksalem W.No-9, PsPatori Dist- Samastipur

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... ... Respondent/s

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====================================================== Appearance : For the Appellant/s : Mr. Ajay Kumar, Advocate For the Respondent/s : Mr. Binay Krishna, SPP For the Informant : None ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

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ORAL ORDER

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4 14-07-2025

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Heard learned counsel for the appellant, learned Special Public Prosecutor for the State and perused the case diary. Despite valid service of notice, none appears on behalf of the informant.

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The instant appeal has been filed by the appellant against the order dated 25.10.2024 passed by Special Judge, SC/ST (POA) Act, Samastipur whereby the prayer for bail of the appellant in connection with Patory P.S. Case No. 343 of 2024 under Sections 274, 275, 123, 103(1) of the Bharatiya Nyaya Sanhita, 2023, read with Sections 3(1)(r)(s) and 3(2)(v) of SC/ST Act was rejected.

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Prosecution case, in short, is that, co-accused Badal

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Patna High Court CR. APP (SJ) No.222 of 2025(4) dt.14-07-2025 2/3

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Kumar took the informant’s son namely Monu Kumar to his house where the appellant and other co-accused persons were already present and they forced him to consume poisonous liquid, assaulted him and used caste slurs. As the condition of Monu got worsened, he was taken to hospital for treatment but unfortunately, he died the next day.

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Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the present case. Learned counsel for the appellant submits that there is delay of two days in lodging the FIR and no specific allegation of abuse or assault is levelled against him, rather the same is general and omnibus in nature. Specific allegation is levelled against co-accused, namely, Badal Kumar. Learned counsel for the appellant further submits that the appellant has not taken the caste name of the informant in public view. Hence, no offence under the provisions of SC/ST Act is made out against him. The appellant has no intention to disgrace the image of the informant in public view. The appellant is in custody since 30.08.2024 and has got no criminal antecedent. Similar co-accused has been granted regular bail by this Court vide order dated 24.03.2025 passed in Cr. Appeal (S.J.) No. 5577 of 2024.

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Patna High Court CR. APP (SJ) No.222 of 2025(4) dt.14-07-2025 3/3

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Learned Special P.P. for the State has vehemently opposed the prayer for grant of bail to the appellant.

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Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the appellant, this Court is inclined to allow this appeal. Accordingly, the appeal is allowed and order dated 25.10.2024 passed by Special Judge, SC/ST (POA) Act, Samastipur is hereby set aside.

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Let the appellant be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Patory P.S. Case No. 343 of 2024.

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(Rudra Prakash Mishra, J)

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Rajorshi/-

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U T

Manish Kumar v. The State of Bihar

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Manish Kumar v. The State of Bihar

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