Patna High Court
ASHISH KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
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
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 147, 149, 323, 341, 385, 504, 506
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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