Aryan Kumar @ Aryan Raj Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Aryan Kumar @ Aryan Raj Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Appellant to be released on bail, in the event of arrest or surrender within four weeks, on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned Special Judge/concerned Court below, subject to conditions under Section 438(2) CrPC / Section 482(2) B.N.S.S.; impugned order dated 28.01.2025 set aside.

Issue for consideration

Whether the appeal against the order dated 28.01.2025 of the learned Special Judge, S.C./S.T. (P.O.A.) Act, Samastipur should be allowed and the appellant released on bail, considering the defence contention that the FIR allegations are general and omnibus, that no offence under the S.C./S.T. (Prevention of Atrocities) Act is made out, and that the caste-name abuse allegation is a super addition.

Court's answer

This appeal is allowed and the order dated 28.01.2025 passed by the learned Special Judge, S.C./S.T. (P.O.A.) Act, Samastipur in connection with Shahpur Patory P.S. Case No. 443 of 2024 is set aside.

Ratio / Principle

In the event of his arrest or surrender within four weeks, the appellant is to be released on bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the B.N.S.S.

Detailed headnote1 paragraphs

Patna High Court (Sunil Dutta Mishra, J), Criminal Appeal (SJ) No.849 of 2025, decided 12-11-2025 (oral order): appeal against order dated 28.01.2025 of the learned Special Judge, S.C./S.T. (P.O.A.) Act, Samastipur arising from Shahpur Patory P.S. Case No. 443 of 2024, registered under Sections 126(2), 115(2), 352, 351(2)/3(5) of the BNS and Sections 3(1)(r)(s) and 3(2)(va) of the S.C./S.T. (Prevention of Atrocities) Act. Prosecution alleged the appellant and co-accused assaulted the informant's son over an alleged theft from the Gumti of Bihari Ray and abused him by caste name. Defence counsel contended the FIR allegations were general and omnibus, that the occurrence (04.11.2024) preceded the FIR (10.11.2024) by about six days without plausible reason, that the public-place/public-view element was absent and the caste-name abuse was a super addition, and that no offence under the S.C./S.T. (Prevention of Atrocities) Act was made out. Considering the facts, circumstances and submissions, the Court allowed the appeal, set aside the order dated 28.01.2025, and directed that on arrest or surrender within four weeks the appellant be released on bail on a bond of Rs. 10,000/- with two like sureties, subject to the conditions under Section 438(2) CrPC / Section 482(2) B.N.S.S.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.849 of 2025

Arising Out of PS. Case No.-443 Year-2024 Thana- SHAHPUR PATORI District- Samastipur

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

Aryan Kumar @ Aryan Raj Son of Kunal Singh @ Kunal Kumar @ Kunal Kumar Singh @ Kunal Ray Resident of Village- Sirdilpur, P.S.- Shahpur Patory, District - Samastipur

... ... Appellant/s

Versus

The State of Bihar

Renu Devi Wife of Chunchun Mahto Resident of Vill- Sirdilpur, P.S.Shahpur, District- Samastipur

... ... Respondent/s

====================================================== Appearance : For the Appellant/s : Mr. Mahendra Pratap, Advocate For the Respondent/s : Mrs. Usha Kumari 1, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER

3 12-11-2025

Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.

This appeal has been preferred against the order dated 28.01.2025 passed by the learned Special Judge, S.C./S.T. (P.O.A.) Act, Samastipur in connection with Shahpur Patory P.S. Case No. 443 of 2024, registered for the offences under Sections 126(2), 115(2),352, 351(2)/3(5) of the BNS and Sections 3(1)(r)(s) and 3(2)(va) of the S.C./S.T. (Prevention of Atrocities) Act.

As per the prosecution case, appellant along with co-accused persons are alleged to have assaulted informant’s son causing him injury with allegation that he was involved in the commission of theft from Gumti of Bihari Ray. They are

Patna High Court CR. APP (SJ) No.849 of 2025(3) dt.12-11-2025 2/3

also alleged to have abused the victim by taking his caste name.

Learned counsel for the appellant submits that the allegations made in the F.I.R. are general and omnibus in nature, and the appellant has been falsely implicated in this case. It is further submitted that during the course of playing cricket some arguments took place between the parties and the informant lodged the false case against the appellant. The alleged occurrence took place on 04.11.2024, whereas, FIR has been lodged on 10.11.2024 i.e. is the delay of about 6 days without any plausible reason. He further submitted that appellant has never misbehaved the victim in public place or public view and the allegation of abusing by caste name is super addition. Further, it is submitted that no offence under the provisions of the S.C./S.T. (Prevention of Atrocities) Act is made out against the appellant.

Learned counsel for the informant has opposed the prayer for bail.

Considering the facts and circumstances of the case and submissions of the parties, this appeal is allowed, and accordingly, the order dated 28.01.2025 passed by the learned Special Judge, S.C./S.T. (P.O.A.) Act, Samastipur in connection with Shahpur Patory P.S. Case No. 443 of 2024 is set aside.

Patna High Court CR. APP (SJ) No.849 of 2025(3) dt.12-11-2025 3/3

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) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, S.C./S.T. (P.O.A.) Act, Samastipur/ concerned Court below in connection with Shahpur Patory P.S. Case No. 443 of 2024, subject to the conditions laid down under Section 438(2) of the Code of Criminal/ Section 482(2) of the B.N.S.S.

(Sunil Dutta Mishra, J)

khushbu/-

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