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Patna High Court

Ajit KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The order refusing bail is set aside and the appellant is entitled to regular bail.

Summary

The appellant Ajit Kumar appealed under Section 14-A(2) of the SC/ST Act against the trial court's refusal to grant regular bail in a case involving alleged murder, criminal conspiracy and other offences under the IPC and the SC/ST Act. The FIR stemmed from the disappearance and death of the informant's son, Uma Kant, who had been lured to a location by a woman named Aarti using a SIM card registered in Ajit's name. Investigation revealed that Aarti's sister had given the SIM to her without Ajit's knowledge, and three other accused assaulted and killed the victim; Aarti later confessed. The investigating officer and the State's special public prosecutor concurred that Ajit had no participation in the crime. The High Court, considering Ajit's clean antecedents and surrender, set aside the trial court's order and allowed the appeal, directing his release on bail upon furnishing the required bond and sureties.

Issues considered

  • Whether the appellant, who is alleged to have had his SIM used by a third party, can be denied bail under Section 14-A(2) of the SC/ST Act.
  • Whether the evidence establishes the appellant's participation in the offences charged under the IPC and the SC/ST Act.

Legislation cited

Subjects

  • bail
  • SC/ST Act
  • Scheduled Caste
  • Scheduled Tribe
  • murder
  • criminal conspiracy
  • IPC
  • special judge
  • appeal

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.4022 of 2025
                      Arising Out of PS. Case No.-152 Year-2024 Thana- LALGANJ District- Vaishali
                 ======================================================
                 Ajit Kumar S/o Sanjay Rai R/o Village- Sarariya, P.S.- Lalganj, District-
                 Vaishali                                               ... ... Appellant/s
                                               Versus
           1.     The State of Bihar
           2.     Naresh Paswan S/o Late Raghunath Paswan R/o Village- Kamalpur, P.S.-
                  Lalganj, District- Vaishali
                                                                    ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr.Shyameshwar Kumar Singh
                 For the Respondent/s    :        Ms.Usha Kumari 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

7   08-05-2026              1.     Heard learned counsel for the appellant and learned

                   Spl. P.P. for the State, Ms. Usha Kumari No. 1.

                            2.     This is an appeal under Section 14-A(2) of the

                   Scheduled Castes and Scheduled Tribes (Prevention of

                   Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST Act”)

                   against the refusal of prayer for regular bail vide order dated 2-9-

                   2025 passed by the learned Exclusive Special Judge S.C./S.T.

                   (POA) Act, Vaishali at Hajipur in connection with Lalganj P.S.

                   Case No. 152 of 2024 registered for the offences punishable

                   under Sections 365, 302, 120B, 201 and 34 of the Indian Penal

                   Code as well as Sections 3(2)(v)(va) of the SC/ST Act.

                            3.     In compliance of the order dated 17-4-2026, the

                   informant along with the SHO and the Investigating Officer of

                   the case are present in the court.

                            4.     Learned counsel for the appellant submits that the
Patna High Court CR. APP (SJ) No.4022 of 2025(7) dt.08-05-2026
                                             2/3




          appellant is a person with clean antecedent and surrendered on

          20-8-2025. It is next submitted that in sum and substance the

          allegation in the FIR is that informant alleges that on 6-6-2024 at

          7:30 pm his son Uma Kant went missing and his phone was

          switched off.

                    5.    Learned counsel for the appellant submits that the

          FIR was against unknown and during the course of investigation

          it transpired that Uma Kant used to talk to one Aarti, who was

          using the sim of Ajit (petitioner). It is next submitted that it also

          transpired in the investigation that Aarti was friend of Anshu

          (sister of Ajit) and Anshu had given the sim of Ajit to Aarti. It is

          further submitted that it also transpired that Aarti was in touch

          with Shravan, Nitesh and Birendra and they used to convince

          Aarti not to talk to Uma Kant for the reason that he is already

          married and concealing the said fact, he was taking her for a ride,

          but then Aarti did not listen to Shravan, Nitesh and Birendra. It

          is next submitted that the aforesaid three accused convinced Aarti

          for calling Uma Kant to the place of occurrence and when Uma

          Kant came to the place of occurrence on call of Aarti, the

          aforesaid three accused persons assaulted him leading to his

          death. It is also submitted that Aarti has been arrested and the

          aforesaid facts have come in her confession. It is reiterated and

          submitted that appellant was not involved in the case in any
            Patna High Court CR. APP (SJ) No.4022 of 2025(7) dt.08-05-2026
                                                         3/3




                      manner except his sister without his knowledge had given the

                      sim registered in his name to Aarti.

                                6.    Learned Spl. P.P. for the State based on instruction

                      of the SHO and the Investigating Officer, does not dispute the

                      submissions made by learned counsel appearing on behalf of the

                      appellant.

                                7.    The Investigating Officer of the case, who is present

                      in the Court, also concurs with the submission made by learned

                      counsel appearing on behalf of the informant.

                                8.    Regard being had to the aforesaid submissions, the

                      order dated 2-9-2025 is set-aside. The appeal stands allowed.

                                9.    The appellant, above-named, is directed to be

                      released on bail on his furnishing bail-bonds in the sum of Rs.

                      5,000/- (Rupees Five Thousand) with two sureties of the like

                      amount each to the satisfaction of the learned trial court where

                      the case is pending/successor court in connection with Lalganj

                      P.S. Case No. 152 of 2024.

                                10. The personal appearance of the SHO and the

                      Investigating Officer of the case is dispensed with.



                                                 (Satyavrat Verma, J)
Sumit/-
U       T


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