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Patna High Court

Abhishek KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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
                                                        3/3




                     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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