Allowed¶23

Nitish Kumar @ Nitish Kumar Singh @ Police v. The State of Bihar

Patna HC8 May 2025CR. APP (SJ)/335/2025

Case brief

AI extract

What is this about?

Bail appeal; Section 14A(2) SC/ST (Prevention of Atrocities) Act, 1989; Section 302 read with Section 34 IPC; Sections 3(2)(v) SC/ST Act; Special Case No. 152/2024; Bhagwanpur Hat P.S. Case No. 102 of 2021; Sessions Trial No. 158/24; Siwan Special Judge bail rejection set aside; general and omnibus allegation; co-accused bail Cr. Appeal (SJ) No. 166/2022; bail bond Rs. 20,000 two sureties; Patna High Court 2025.

What did the court decide?

Enlargement of the appellant on bail on furnishing a bail bond of Rs. 20,000/- with two sureties of the like amount each, subject to conditions of physical presence before the trial court on every date (default on two consecutive dates risking cancellation of the bail bond) and cooperation in the trial. ¶23

Nitish Kumar @ Nitish Kumar Singh @ Police Vs The… — Murder and Culpable Homicide | Patna HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the appellant is entitled to bail in this appeal under Section 14A(2) of the SC/ST Act against the order of the Special Judge, Siwan rejecting his bail prayer dated 23.12.2024. +1 more

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Court's answer

Finding substance in the contentions advanced by learned counsel for the appellant, the Court proceeded to interfere with the bail-rejection order.

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Ratio / Principle

The impugned order dated 23.12.2024 of the 1st Additional Sessions Judge-cum-Special Judge, Siwan (Special Case No. 152/2024, arising out of Bhagwanpur Hat P.S. Case No. 102 of 2021, Sessions Trial No. 158/24) was set aside against the appellant, and the criminal appeal was allowed.

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Key takeaways

The appellant was directed to be enlarged on bail on furnishing a bail bond of Rs. 20,000/- with two sureties of the like amount each, to the satisfaction of the 1st Additional Sessions Judge-cum-Special Judge, Siwan in Special Case No. 152/2024.ratio¶24
Bail was conditioned on the appellant remaining physically present before the court below on each and every date; absence on two consecutive dates without reasonable cause would render his bail bond liable to cancellation.ratio¶25

Detailed headnote1 paragraphs

Patna High Court (Chandra Prakash Singh, J.), by oral order dated 08-05-2025, allowed Criminal Appeal (SJ) No. 335 of 2025 filed under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against rejection of bail. The appellant faced trial in Special Case No. 152/2024 (Sessions Trial No. 158/24), arising out of Bhagwanpur Hat P.S. Case No. 102 of 2021 (Siwan), registered on 02.06.2021 for offences under Section 302 read with Section 34 IPC and Sections 3(2)(v) of the SC/ST Act, on a prosecution case that the appellant and co-accused assaulted the informant's brother with rod, hockey stick and other weapons causing a head injury of which the victim died en route to hospital. The 1st Additional Sessions Judge-cum-Special Judge, Siwan had rejected the bail prayer by order dated 23.12.2024, and the appellant was in custody since that date. Counsel urged that the allegation against the appellant was general and omnibus, no member of the public was present, the author of the fatal head injury was unclear from the FIR, the co-accused had been bailed by the Coordinate Bench (order dated 21.12.2022 in Cr. Appeal (SJ) No. 166/2022), and the appellant had no criminal antecedent. Finding substance in these contentions, the High Court set aside the impugned order, allowed the appeal, and enlarged the appellant on bail on a bond of Rs. 20,000 with two like sureties, conditioned on attendance before the court below on every date (failure on two consecutive dates without reasonable cause risking cancellation) and cooperation in the trial.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.335 of 2025

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Arising Out of PS. Case No.-102 Year-2021 Thana- BHAGWANPUR HAT District- Siwan

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

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Nitish Kumar @ Nitish Kumar Singh @ Police Son of Kushwar Singh Resident of Village - Paniyadih, Mahamda Bazar, Mohmda Bazar, P.S. - Bhagwanpur Hat, District - Siwan

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... ... Appellant/s

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Versus

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The State of Bihar Bihar

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Ram Awadhesh Ram Son of Late Babulal Ram Resident of Village - Ratan Parauli, Tiwari Tola, P.S. - Bhagwanpur Hat, District - Siwan

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... ... Respondent/s

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====================================================== Appearance : For the Appellant/s : Mr.Umesh Kumar Mishra, Adv. For the Respondent/s : Mr.Binay Krishna, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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5 08-05-2025 Heard learned counsel for the appellant and learned

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Spl. P.P. 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 against the rejection of prayer for bail of the appellant vide order dated 23.12.2024 passed by the learned 1^st Additional Sessions Judge-cum- Special Judge, Siwan in connection with Special Case No. 152/2024 arising out of Bhagwanpur Hat P.S. Case No. 102 of 2021 (Sessions Trial No. 158/24) dated 02.06.2021 registered for the alleged offences punishable under Section 302 read with Section 34 of the Indian Penal Code and Sections 3(2)(v) of the Scheduled Castes and

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Patna High Court CR. APP (SJ) No.335 of 2025(5) dt.08-05-2025 2/4

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Scheduled Tribes (Prevention of Atrocities) Act.

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3. As per prosecution case, when the informant and his family members were doing the centering work then the appellant and the co-accused persons reached there and assaulted his brother with rod, hockey stick and other weapons due to which he sustained head injury. Thereafter, they took him to the hospital but on the way, he succumbed to the injuries.

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4. Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in this case. There is no specific allegation against the appellnat rather the allegation against the appellant is general and omnibus. It is further submitted that no member of public was present at the relevant point of time of the incident and hence, no offence under provisions of SC/ST Act is made out against the appellant. It is further submitted that the appellant has no concern with the alleged offence. As per the Post-mortem report of the deceased, the alleged victim had died due to haemorrhage on account of injury on his head and who has caused this injury is not clear from the FIR. The co-accused person has already been granted bail by the Coordiante Bench of this court vide order dated 21.12.2022 passed in Cr. Appeal (SJ) No. 166/2022. The appellant has no criminal antecedent as stated in para 3 of the

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Patna High Court CR. APP (SJ) No.335 of 2025(5) dt.08-05-2025 3/4

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bail petition. The appellant is in custody since 23.12.2024.

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5. Learned Special Public Prosecutor for the State has

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opposed the prayer for bail of the appellant.

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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 appellant, the impugned order dated 23.12.2024 passed by the learned 1^st Additional Sessions Judgecum- Special Judge, Siwan in connection with Special Case No. 152/2024 arising out of Bhagwanpur Hat P.S. Case No. 102 of 2021 (Sessions Trial No. 158/24), 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 1^st Additional Sessions Judge-cum- Special Judge, Siwan in connection with Special Case No. 152/2024 arising out of Bhagwanpur Hat P.S. Case No. 102 of 2021 (Sessions Trial No. 158/24) with the conditions :-

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(i) The appellant is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable

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Patna High Court CR. APP (SJ) No.335 of 2025(5) dt.08-05-2025 4/4

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cause, the bail bond of the appellant is liable to be cancelled.

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(ii) The appellant is directed to cooperate in the trial

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before the learned court below.

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(Chandra Prakash Singh, J)

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Gautam/-