Patna High Court
Ajay Kumar @ Chhotu Kumar @ ChhotuversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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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