Patna High Court
Abhishek KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The appeal is allowed; the order rejecting bail is set aside and the appellant is to be released on bail.
Summary
The appellant, Abhishek Kumar, was charged in a case involving a mob assault, theft of cash, and caste-based abuse under multiple sections of the B.N.S. and the SC/ST (POA) Act. He contended that his name was not mentioned in the FIR and that the allegation against him was merely that he was part of a large group, with no specific overt act attributed to him. The appellant also pointed out that co-accused persons in similar circumstances had been granted bail. The Special Judge had rejected his bail application, leading to this appeal. The High Court, after hearing both sides, found that there was no specific evidence of a distinct act by the appellant and therefore set aside the order denying bail. The court directed that the appellant be released on bail upon furnishing a bail bond and sureties.
Issues considered
- Whether the appellant is entitled to bail when the FIR does not specifically name him and the allegation against him is generic.
- Whether participation in a mob assault without a distinct overt act justifies denial of bail under the cited sections.
- Whether the precedent of granting bail to co-accused in similar circumstances applies to the appellant.
Legislation cited
- B.N.S. — s. 109, 115(2), 126(2), 191(2), 191(3), 303, 324(4), 351(2), 351(4)
Subjects
- bail
- mob assault
- caste-based abuse
- SC/ST (POA) Act
- criminal procedure
- false implication
- general allegation
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2505 of 2025
Arising Out of PS. Case No.-57 Year-2025 Thana- KATRA District- Muzaffarpur
======================================================
Abhishek Kumar Son of Lakshman Paswan Resident of village - Bakhari
Gatoli, Ps- Katra, Dist- Muzaffarpur
... ... Appellant/s
Versus
1. The State of Bihar
2. Bishwanath Manjhi son of Bhola Manjhi village- Dargah, Ps- Katra, Dist-
Muzaffarpur
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Manoj Kumar, Adv.
For the Respondent/s : Mr. Sadanand Paswan, Spl. PP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 22-01-2026 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 17.04.2025 passed by learned Special
Judge, SC/ST (POA) Act, Muzaffarpur whereby the prayer for
bail of the appellant in connection with Katra P.S. Case No. 57
of 2025 under Sections 191(2), 191(3), 109, 303, 324(4),
126(2), 115(2), 351(2), 351(4) of B.N.S. and Sections 3(1)(r)(s)
of SC/ST (POA) Act was rejected.
3. The case of the prosecution in short that when the
informant along with his nephew namely, Suraj Kumar was
returning home and they reached at Bakhri Gatoli, the accused
Patna High Court CR. APP (SJ) No.2505 of 2025(4) dt.22-01-2026
2/3
persons namely, Vijay Sah, Mukund Kumar, Dasrath Sharma,
Khobhari Sah, Sukul Tiwari, Pawan Singh along with the other
25-30 unknown persons stopped the motorcyle of the informant
and snatched the said motorcycle and started assaulting them by
calling thieves. When the informant said he is not a thief and his
house is in musahar tola at Dargah. Thereafter, the co-accsed,
Vijay Sah started assaulting and abusing him by calling their
caste name and also snatched Rs. 10,000/- in cash from them.
4. It is submitted by learned counsel for the appellant
that appellant has been falsely implicated in this case. From
perusal of the FIR, it is clear that the name of the appellant does
not find place therein. The name of the appellant has surfaced
during the course of investigation. The appellant is one amongst
25-30 unknown persons. He also submits that from the perusal
of the FIR, it is clear the there is specific allegation against
Vijay Sah of assaulting and abusing the informant by calling his
caste name and also snatched Rs. 10,000/- cash from him. The
allegation against the appellant is general and omnibus in nature
and he is only a member of mob. He further submits that
similarly situated other co-accused appellant namely, Kundan
Kumar and Pintu Kumar have already been granted bail by the
learned coordinate bench of this court vide order dated
Patna High Court CR. APP (SJ) No.2505 of 2025(4) dt.22-01-2026
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04.09.2025 passed in Cr. APP(SJ) No. 1889 of 2025. The case
of this appellant stands on similar footing. Moreover, the
appellant is languishing in judicial custody since 29.03.2025.
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 that there is no any specific overt act
against the appellant, the Court is inclined to allow this appeal.
Accordingly, the appeal is allowed and the impugned order
dated 17.04.2025 is hereby set aside.
7. The appellant is directed to be enlarged on bail in
connection with Katra P.S. Case No. 57 of 2025 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
Special Judge, SC/ST (POA) Act, Muzaffarpur.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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