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Patna High Court

Ajay Kumar @ Chhotu Kumar @ ChhotuversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appeal is allowed and the order rejecting bail is set aside, granting bail to the appellant.

Summary

The appellant, Ajay Kumar, was charged under several sections of the B.N.S., 2023 and the SC/ST (POA) Act for allegedly abusing and assaulting the brother of the respondent with caste slurs and a knife attack. The trial court denied his bail application, citing the seriousness of the offences. The appellant contended that the allegations against him were vague, that he was falsely implicated, and pointed out that a co‑accused had been granted bail in a similar case (Cr. Appeal (SJ) No. 1803 of 2025). The High Court, after hearing both sides, found that the prosecution had not made a specific case against the appellant and that he had been in custody for an extended period. Consequently, the Court set aside the trial court’s order, allowed the appeal, and directed that the appellant be released on bail upon furnishing a bond with sureties.

Issues considered

  • Whether the appellant is entitled to bail despite the serious nature of the offences alleged under the B.N.S., 2023 and the SC/ST (POA) Act.
  • Whether the allegations against the appellant are specific enough to justify denial of bail.
  • Whether the precedent of bail granted to a co‑accused in Cr. Appeal (SJ) No. 1803 of 2025 is applicable.

Legislation cited

  • B.N.S., 2023 — s. 109(1), 115(2), 118(2), 126(2), 3(5), 351, 352

Subjects

  • bail
  • caste based violence
  • SC/ST (POA) Act
  • assault
  • IPC sections 351 352
  • criminal procedure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.1880 of 2025
                      Arising Out of PS. Case No.-266 Year-2024 Thana- Kavaiya District- Lakhisarai
                 ======================================================
                 Ajay Kumar @ Chhotu Kumar @ Chhotu S/o Baleshwar Ram @ Baldev Ram
                 R/o Village- Kiul Basti, P.S.- Kabaiya, Distt.- Lakhisarai

                                                                                     ... ... Appellant/s
                                                         Versus
           1.    The State of Bihar
           2.    Kusum Devi W/o Shankar Manjhi R/o Village- Sheikhpura Bajidpur, P.S.-
                 Sheikhpura, Distt.- Sheikhpura

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :        Mr. Jitendra Narain Sinha, Advocate
                 For the Respondent/s     :        Mr. Sadanand Paswan, Spl. PP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

4   03-02-2026                 Heard learned counsel for the appellant and learned

                   Special Public Prosecutor for the State.

                               2. The instant appeal has been filed by the appellant

                   against the order dated 09.04.2025 passed by learned District &

                   Additional Sessions Judge-I cum-Special Judge, SC/ST Act,

                   Lakhisarai whereby the prayer for bail of the appellant in

                   connection with Kabaiya P.S. Case No. 266 of 2024 under

                   Sections 126(2), 115(2), 118(2), 109(1), 351, 352, 3(5) of B.N.S.,

                   2023 and Sections 3(2) (va) of SC/ST (POA) Act was rejected.

                               3. The case of the respondent in short is that the

                   appellant and one other named Shambhu Tanti and three unknown

                   persons abused the brother of the respondent with caste name and

                   when the brother of the respondent, namely, Brajesh, objected, all
Patna High Court CR. APP (SJ) No.1880 of 2025(4) dt.03-02-2026
                                             2/3




          the accused persons surrounded him and started assaulted him. It

          is further alleged that the accused persons assaulted the

          informant’s brother with knife in the stomach of informant’s

          brother.

                       4. It is submitted by learned counsel for the appellant

          that appellant has been falsely implicated in this case. Learned

          counsel for the appellant submits that there is a general and

          omnibus allegation against two known and three unknown

          persons. There is no specific allegation against the appellant. He

          also submits that similarly situated co-accused, namely, Shambhu

          Tanti, has been granted the privilege of bail passed in Cr. Appeal

          (SJ) No. 1803 of 2025. From perusal of the order of the learned

          coordinate bench of this court, it is clear that there is a specific

          allegation against the appellant of assaulting. As far as the nature

          of the injury is concerned, the learned counsel for the appellant

          has submitted that from perusal of the order of the learned trial

          court, it will transpire that the learned trial court has recorded that

          the injury report of the victim, namely, Prakash Kumar, shows an

          incised wound on the left lumbar region, 1 inch long with stitched.

          He further submits that this injury goes to show that prior to this,

          the victim must have been examined at some place, as this report

          reveals that the victim has received an injury of 1 inch, which is

          stitched. He also submits that as far as the allegation of abusing
           Patna High Court CR. APP (SJ) No.1880 of 2025(4) dt.03-02-2026
                                                        3/3




                     the respondent with caste name is concerned, that is general and

                     omnibus in nature, and it has further been submitted that the

                     appellant is all well and has recovered from the injuries.

                     Moreover, the appellant is languishing in judicial custody since

                     06.12.2024.

                                  5. The appeal for bail is opposed by learned Spl. P.P. for

                     the State.

                                  6. Having heard learned counsel for the parties and

                     taking into consideration, the facts and circumstances of the case,

                     the Court is inclined to allow this appeal. Accordingly, the appeal

                     is allowed and the impugned order dated 09.04.2025 is hereby set

                     aside.

                                  7. The appellant is directed to be enlarged on bail in

                     connection with R.B.A. No. 507 of 2025 arising out of Kabaiya

                     P.S. Case No. 266 of 2024 on furnishing bail bond of Rs. 10,000/-

                     (Rs. ten thousand only) with two sureties of the like amount each

                     to the satisfaction of the learned District & Additional Sessions

                     Judge-I, cum-Special Judge, SC/ST Act, Lakhisarai.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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