Amarjeet Kumar @ Amardeep Kumar Vs The State of Bihar

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2458 of 2025

¶2

Arising Out of PS. Case No.-248 Year-2024 Thana- MEDNI CHAUKI District- Lakhisarai

¶3

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

¶4

Amarjeet Kumar @ Amardeep Kumar S/O Vijay Mahto R/O Abgil Rampur, P.S- Medni Chowki, Distt.- Lakhisarai, Bihar.

¶5

... ... Appellant/s

¶6

Versus

¶7

The State of Bihar Bihar

¶8

Murari Rajak S/O Kamleshwar Rajak R/O Abgil Rampur, P.O.- Paharpur, P.S.- Medni Chowki, District- Lakhisarai, Bihar 811106.

¶9

... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Nilesh Kumar, Advocate For the Respondent/s : Mrs. Usha Kumari 1, Spl. PP Mr. Manoj Kumar, Advocate ======================================================

¶10

CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

¶11

5 02-12-2025

¶12

Heard learned counsel for the appellant, the learned Spl. P.P. for the State as well as the learned counsel for the informant.

¶13

2 . This appeal is preferred against the order dated 07.05.2025 passed by the learned Special Judge, SC/ST Act, Lakhisarai in ABP No. 179 of 2025 arising out of Mednichowki P.S. Case No. 248 of 2024 registered for the offence under Sections 126(2), 191(2), 191(3), 115(2), 352 and 351(1) of the Bharatiya Nyaya Sanhita, 2023 and under Sections 3(i)(r), 3(i) (s) and 3(2)(va) of the SC/ST Act, by which the prayer of the appellant for anticipatory bail was rejected.

¶14

3 . As per the prosecution case, the appellant is

¶15

Patna High Court CR. APP (SJ) No.2458 of 2025(5) dt.02-12-2025 2/3

¶16

accused of assaulting and abusing the victim and his family members by taking caste name.

¶17

4 . Learned counsel for the appellant submits that the appellant has falsely been implicated in this case and no offence under the provisions of SC/ST Act is made out in this case and therefore the application of the anticipatory bail is maintainable. He further submits for a trivial dispute, the occurrence has taken place. There is no specific allegation against the appellant.

¶18

5 . Learned counsel for the State and the learned counsel for the informant have vehemently opposed the prayer of the appellants.

¶19

6 . I have heard and considered the submissions of the parties. From the reading of the entire FIR, it does not appear that the offence has been committed against the informant and his family members on the ground that they are a member of SC/ST community and the same appears to be a mala fide prosecution.

¶20

7 . In these circumstances, in the opinion of this Court, this application for grant of anticipatory bail is held to be maintainable.

¶21

8 . Though the appellant is accused of causing injury to the victims but from the perusal of the materials available on

¶22

Patna High Court CR. APP (SJ) No.2458 of 2025(5) dt.02-12-2025 3/3

¶23

record, no injury has been found on the body of the victims.

¶24

9 . Considering the aforesaid facts and circumstances

¶25

of the case, this appeal stands allowed. Accordingly, the order dated 07.05.2025 passed by the learned Special Judge, SC/ST Act, Lakhisarai in ABP No. 179 of 2025 arising out of Mednichowki P.S. Case No. 248 of 2024 is hereby set aside.

¶26

10 . Let the appellant, in the event of his arrest or surrender within four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned District and Additional Sessions Judge-I-cumSpecial Judge, SC/ST Act, Lakhisarai/concerned Court below in connection with Mednichowki P.S. Case No. 248 of 2024, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the BNSS.

¶27

(Sandeep Kumar, J)

¶28

Shishir/-

¶29

U T

Amarjeet Kumar @ Amardeep Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Amarjeet Kumar @ Amardeep Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Apurva Vairagi @ Deepak Kumar @ Deepak Singh Vs The State of Bihar

Sadan @ Ashraf Alam @ Shadan Raza Vs The State of Bihar

Sri Ram Kumar Vs The State of Bihar

Mina Devi Vs the State of Bihar

M/s Siyaram Construction Vs The State of Bihar

M/s New Bhawani Food Products Vs The State of Bihar