Created by Fuzzy Cloud

Patna High Court

Aayush Kumar @ Ayush KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The High Court allowed the appellant's anticipatory bail, setting aside the lower court’s refusal.

Summary

The appellant, Aayush Kumar, was charged with assault, robbery and offences under the B.N.S. and the SC/ST (Prevention of Atrocities) Act for allegedly attacking an informant with an iron rod, stealing a gold chain and cash, and causing injuries on 12-07-2024. He applied for anticipatory bail under Section 438 of the CrPC, which was denied by the District & Additional Sessions Judge. The appellant contended that he was falsely implicated, that the incident was not witnessed publicly, and that no caste-based slur was uttered, rendering the allegations vague. The prosecution opposed bail, relying on the FIR allegations. The Patna High Court examined the nature of the allegations, the absence of public witnesses, and the lack of specific caste-based abuse, and consequently set aside the lower court’s order, granting anticipatory bail subject to conditions. The appeal was allowed, and the appellant was directed to furnish bail bonds and sureties if arrested within thirty days.

Issues considered

  • What is the appropriateness of granting anticipatory bail under Section 438 CrPC in the present case?
  • Do the allegations under the SC/ST (Prevention of Atrocities) Act and B.N.S. justify denial of anticipatory bail?
  • Is the absence of a public witness and lack of specific caste-based abuse relevant to the bail decision?

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • SC/ST (Prevention of Atrocities) Act
  • assault
  • robbery
  • bail conditions
  • caste violence

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.109 of 2026
                       Arising Out of PS. Case No.-373 Year-2024 Thana- RAJAON District- Banka
                 ======================================================
                 Aayush Kumar @ Ayush Kumar Son of Gangadhar Singh @ Fantush Singh
                 R/o Village - Naripa, P.S. - Rajoun, District - Banka.

                                                                                  ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Juli Devi Wife of Sunil Rajak R/o Village - Naripa, P.S. - Rajoun, District -
                 Banka.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :       Mr.Brij Nandan Prasad, Adv.
                 For the Respondent/s    :       Mr.Binay Krishna, Spl. P.P.
                 For the O.P. No. 2      :       Mr. Pankaj Kumar, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

3   16-04-2026                 Heard learned counsel for the appellant, learned

                   Spl.P.P. for the State and learned counsel for the informant.

                               2. This is an appeal under Sections 14(A)(2) against

                   refusal of the prayer for anticipatory bail by order dated 14-11-

                   2025 passed by the learned District & Additional Sessions

                   Judge-1-cum-Special Judge, SC/ST (POA) Act, Banka in

                   connection with Rajoun P.S. Case No. 373 of 2024 registered

                   under Sections 126(1), 115(2), 352, 351(2), 110, 3(5) of B.N.S.

                   and 3(i) of SC/ST (POA) Act.

                               3. As per prosecution case, on 12-07-2024, the

                   appellant is alleged to have come at the house of the informant

                   and in consequent thereupon, he abused her and assaulted with
Patna High Court CR. APP (SJ) No.109 of 2026(3) dt.16-04-2026
                                             2/3




          iron rod, as a result of which, the informant sustained injury. A

          golden chain and Rs. 20,000/- cash is also alleged to have been

          snatched away in the occurrence.

                       4. Learned counsel for the appellant has submitted

          that the appellant is innocent and he has falsely been implicated

          in this case. The occurrence, whatsoever has not taken place in a

          public view. More so, during the occurrence, no caste name has

          been uttered by the appellant. There is no specific allegation

          against the appellant rather general and omnibus allegation has

          been levelled against him.

                       5. Learned Special Public Prosecutor for the State has

          vehemently opposed the prayer for bail of the appellant based

          upon the allegation made in the F.I.R.

                       6. From the reading of the allegations levelled in the

          FIR, it does not appear that at the time of alleged occurrence,

          any public was present. Further there is no allegation of caste

          based abuse to the informant, except a general and omnibus

          allegation regarding altercation between the appellant and the

          informant. It has also come to light that prior to this FIR, the

          informant had earlier also filed a Complaint Case bearing C-

          1295 of 2024 against the appellant for the same cause of action,

          in which, the process is said to have been issued. The injuries
            Patna High Court CR. APP (SJ) No.109 of 2026(3) dt.16-04-2026
                                                         3/3




                      suffered by the informant stated to be simple in nature.

                                   6. Considering all these aspects of the matter, I am

                      inclined to grant anticipatory bail to the appellant and

                      accordingly, the impugned order dated 14-11-2025 passed by

                      the learned District & Additional Sessions Judge-1-cum-Special

                      Judge, SC/ST (POA) Act, Banka in connection with Rajoun P.S.

                      Case No. 373 of 2024 is set aside and the appeal stands allowed.

                                   7. Let the appellant, above named, in the event of his

                      arrest or surrender before the Court below within a period of

                      thirty days from the date of receipt of the order, be released on

                      anticipatory bail on furnishing each of them bail bond of Rs.

                      10,000/- (Ten thousand) with two sureties of the like amount

                      each to the satisfaction of learned District & Additional Sessions

                      Judge-1-cum-Special Judge, SC/ST (POA) Act, Banka in

                      connection with Rajoun P.S. Case No. 373 of 2024, subject to

                      the conditions as laid down under Section 438(2) of the Code of

                      Criminal Procedure.



                                               (Alok Kumar Sinha, J)
A.K.V.//-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.