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Patna High Court

ASHISH KUMARversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The High Court granted anticipatory bail to the appellant and set aside the lower court’s order refusing bail.

Summary

The appellant, Ashish Kumar, was charged under several IPC offences and Section 3(1)(r)(s) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act for allegedly assaulting a supervisor and demanding a ransom of Rs. 25 lakh. The appellant contended that he was falsely implicated in a land‑dispute matter and had no prior criminal record. The trial judge had rejected his anticipatory bail application under Section 14‑A(2) of the SC/ST Act. The High Court noted that co‑accused in the same case had been granted anticipatory bail by a coordinate bench and that the allegations against the appellant were general and omnibus. Consequently, the Court allowed the appeal, set aside the trial judge’s order and granted anticipatory bail subject to a bail bond and sureties.

Issues considered

  • Whether anticipatory bail can be granted to the appellant under Section 14‑A(2) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.
  • Whether the factual allegations and the appellant’s lack of prior criminal record justify denial of anticipatory bail.
  • Whether the grant of anticipatory bail to co‑accused in the same case is determinative for the appellant’s bail application.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • IPC offences
  • false implication
  • land dispute
  • bail conditions
  • high court appeal

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.2427 of 2024
                      Arising Out of PS. Case No.-453 Year-2021 Thana- ALAMGANJ District- Patna
                 ======================================================
                 ASHISH KUMAR SON OF GAURI SHANKAR @ SHANKAR R/O VILL.-
                 MOHALLA- TERAHI-KI-MASJID, P.S.- SULTANGANJ, DIST.- PATNA

                                                                                 ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    SHANKAR PASWAN S/O- KAMESHWAR PASWAN R/O PATLI GRAM,
                 BAJRANGPURI BISCOMAN COLONY, P.S.- ALAMGANJ, DIST.-
                 PATNA

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Mr. Raj Krishna Jha
                 For the Respondent/s   :        Mr. Binay Krishna
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

6   23-02-2026                 1. Heard learned counsel for the appellant and learned

                   Special Public Prosecutor for the State.

                               2. No one appears for the opposite party no. 2.

                               3. An order, dated 31.01.2024, passed by learned

                   Exclusive Special Judge, SC/ST Act, Patna, in ABP No. 506 of

                   2024, is under challenge in the present appeal preferred under

                   Section 14-A (2) of the Schedule Caste and Schedule Tribes

                   (Prevention of Atrocities) Act, 1989, whereby the anticipatory

                   bail application of the appellant in connection with Alamganj

                   Police Station Case No. 453 of 2021 registered for the offence

                   punishable under Sections 149, 147, 341, 323, 504, 506, 385 of

                   the Indian Penal Code and Section 3 (1)(r)(s) of the Schedule
Patna High Court CR. APP (SJ) No.2427 of 2024(6) dt.23-02-2026
                                             2/3




          Caste/Schedule Tribe (Prevention of Atrocities) Act, has been

          rejected.

                       4. As per the FIR, on 26.07.2021, while the informant

          was working as a Supervisor of M/s Patliputra Shoppers Plaza

          Pvt. Ltd. the appellant along with other accused persons arrived

          there and demanded a sum of Rs. 25 lacs as a ransom/Rangdari.

          When the informant refused, all of them started assaulting the

          informant and labourers. It has further been alleged that they

          took away around Rs. 7,000 - Rs. 8,000/- and the appellant

          snatched watch and also abused by taking caste name.

                       5. Learned counsel for the appellant submits that the

          appellant has falsely been implicated in this case on the basis of

          general and omnibus allegations. Appellant is having no

          criminal antecedent and the present FIR has been lodged arising

          out of land dispute. Arjun Singh alias Ashok Singh, who has

          been made accused, is claiming possession over the land in

          question. Similarly situated co-accused persons have been

          granted anticipatory bail by a Co-ordinate Bench of this Court in

          Cr. Appeal (SJ) No. 4505 of 2023.

                       6. Having regard to the submissions made on behalf

          of the parties and taking into consideration the fact that similarly

          situated accused persons have been granted anticipatory bail by
           Patna High Court CR. APP (SJ) No.2427 of 2024(6) dt.23-02-2026
                                                        3/3




                     a Co-ordinate Bench of this Court, I am inclined to grant the

                     appellant privilege of anticipatory bail.

                                  7. This appeal is, accordingly, allowed and the order,

                     dated 31.01.2024, passed by learned Exclusive Special Judge,

                     SC/ST Act, Patna, in ABP No. 506 of 2024, is set aside.

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

                     arrest or surrender before the Court below within four weeks, be

                     released on bail on furnishing bail bond of Rs. 10,000/- (Ten

                     Thousand) each with two sureties of the like amount each to the

                     satisfaction of learned Exclusive Special Judge, SC/ST Act,

                     Patna, in connection with Alamganj Police Station Case No. 453

                     of 2021, subject to the condition laid down under Section 438

                     (2) of the Code of Criminal Procedure/Section 482(2) of the

                     BNSS, 2023.



                                               (Anil Kumar Sinha, J)
HarshPandey/-

U      T


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