Ashik Kumar Vs The State of Bihar

====================================================== Appearance : For the Appellant/s : Mr. Arvind Kumar Singh, Advocate For the Respondent/s : Mr. Sadanand Paswan, APP For the Informant : Mr. Arvind Kumar, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

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ORAL ORDER

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5 28-07-2025

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Heard learned counsel for the appellant, learned

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Special Public Prosecutor for the State and learned counsel for the informant. Perused the case diary.

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The instant appeal has been filed by the appellant against the order dated 20.01.2025 passed by learned Exclusive Special Judge, SC/ST, Civil Court (Sadar), Patna whereby the prayer for bail of the appellant in connection with Alamganj P.S. Case No. 915 of 2024 under Sections 118(2), 109, 103, 3(5) of the BNS and Sections 3(2)(v) of the of SC/ST Act was rejected.

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The prosecution case, in short, is that the appellant along with other co-accused persons unanimously assaulted the brother of the informant and his friends by means of chopper

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Patna High Court CR. APP (SJ) No.784 of 2025(5) dt.28-07-2025 2/3

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due to which the deceased received head and neck injuries.

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Learned counsel for the appellant submits that the appellant has falsely been implicated in the present case. Learned counsel further submitted that although the appellant is named in the FIR but on perusal of the FIR itself it appears that he has been named only on the basis of suspicion. Learned counsel further submitted that as per material cropped up during investigation, one Piyush Kumar gave chopper blow on the deceased. Learned counsel for the appellant further submitted 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 15.10.2024 and has one criminal antecedent. The co-accused person has already been granted bail by this Court vide order dated 27.03.2025 passed in Cr. Appeal (SJ) No. 5393 of 2024.

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Learned Special P.P. for the State and the informant have vehemently opposed the prayer for grant of bail to the appellant.

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Considering the aforesaid facts and circumstances of the case, claim based on parity and the period of custody

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Patna High Court CR. APP (SJ) No.784 of 2025(5) dt.28-07-2025 3/3

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undergone by the appellant, this Court is inclined to allow this appeal. Accordingly, the appeal is allowed and order dated 20.01.2025 passed by learned Exclusive Special Judge, SC/ST, Civil Court (Sadar), Patna in connection with Alamganj P.S. Case No. 915 of 2024 is hereby set aside.

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Let the appellant, abovenamed, 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 Alamganj P.S. Case No. 915 of 2024.

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(Rudra Prakash Mishra, J)

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Alok Verma/-

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U T

Ashik Kumar v. The State of Bihar

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Ashik Kumar v. The State of Bihar

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