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Patna High Court

Sonu KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appellate court set aside the trial court’s refusal of bail and granted bail to the appellant.

Summary

The appellant, Sonu Kumar, was charged under the SC/ST Act and several provisions of the Bharatiya Nyaya Sanhita for allegedly abusing the complainant with caste slurs and assaulting him with an iron rod and other weapons, causing forearm fractures. The trial court refused bail, prompting an appeal under the SC/ST Act. The appellant argued that the injuries were not to a vital part, the allegations were vague and not made in public, and he had been in judicial custody since July 2025. The State opposed bail, emphasizing the seriousness of the offences. The Patna High Court set aside the trial court’s order refusing bail, granted bail on a bond of Rs. 10,000 with two sureties, and allowed the appeal.

Issues considered

  • Whether the trial court erred in refusing bail to the appellant in offences punishable under the SC/ST Act and the Bharatiya Nyaya Sanhita.
  • Whether the nature of the alleged injuries and the alleged caste-based abuse justify denial of bail.

Legislation cited

Subjects

  • bail
  • SC/ST Act
  • caste-based violence
  • scheduled castes
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • exclusive special judge
  • appeal

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.4034 of 2025
                        Arising Out of PS. Case No.-101 Year-2025 Thana- PUNPUN District- Patna
                 ======================================================
                 Sonu Kumar Son of Rambhum @ Ramanuj Chauhan @ Ramjun Chauhan
                 Resident of Village- Paimarghat, ps- Punpun, Dist- Patna

                                                                                   ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Mahesh Paswan Son of Late Ram Dayal Paswan Resident of Village-
                 Paimarghat, P.S.- Punpun, Dist- Patna

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Dheeraj Kumar, Advocate
                 For the State           :        Mrs. Usha Kumari 1, Spl.P.P.
                 For the Complainant     :        Mr. Navin Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   10-02-2026                 Heard learned counsel for the appellant and learned

                   Spl. P.P. for the State.

                               2. This is an appeal under Scheduled Castes and

                   Scheduled Tribes (Prevention of Atrocities) Act, 1989

                   (hereinafter referred to as the “SC/ST Act”) against the refusal

                   of prayer for bail vide order dated 28.08.2025 passed in Serial

                   No. 153 of 2025 passed by the learned Exclusive Special Judge

                   S.C./S.T. (POA) Act, Patna in connection with Punpun P.S. Case

                   No. 101 of 2025 registered for the offences punishable under

                   Sections 126(2), 115(2), 117, 109(1), 324(2), 76, 329(3), 79,

                   303(2), 351(2), 352 & 3(5) of the Bharatiya Nyaya Sanhita and

                   under Section 3(2)(va) of the SC/ST Act.
Patna High Court CR. APP (SJ) No.4034 of 2025(3) dt.10-02-2026
                                             2/3




                       3. The case of the complainant in short is that the

          appellant along with others started abusing the complainant with

          caste name. It is further alleged that he along with others

          assaulted the informant with iron rod, khanti, lathi, wicket on

          the head of the complainant.

                       4. Learned counsel for the appellant submits that from

          perusal of the order of the learned trial court it will transpire that

          learned trial court has recorded that injured Mahesh Paswan

          (informant) had received fracture injury of both bone of

          forearm. Learned counsel for the appellant has submitted that

          the injuries caused on forearms is not on vital part and the

          allegations regarding causing injury on forearm is general and

          omnibus. No specific allegation is against the appellant. It has

          further been submitted that as far as the allegation regarding

          abusing the informant with caste name is concerned, at the time

          of occurrence only the the informant and his family members

          were present, the same was not in public view and the same is

          general and omnibus allegation. Learned counsel for the

          appellant has further submitted that the appellant is in judicial

          custody since 04.07.2025.

                        5. Learned counsel for the complainant is present and

          has vehemently opposed the bail to the appellant.
            Patna High Court CR. APP (SJ) No.4034 of 2025(3) dt.10-02-2026
                                                         3/3




                                    6. In view of the submissions made by the learned

                      counsel for the appellant, the order dated 28.08.2025 passed in

                      Serial No. 153 of 2025 passed by the learned Exclusive Special

                      Judge S.C./S.T. (POA) Act, Patna in connection with Punpun

                      P.S. Case No. 101 of 2025 is hereby set aside and the appellant

                      above-named, be released on bail on furnishing bail bonds of

                      Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the

                      like amount each to the satisfaction of the learned court of

                      Exclusive Special Judge (SC/ST) Act, Patna in connection with

                      Punpun P.S. Case No. 101 of 2025.

                                      7. Accordingly the appeal stands allowed.



                                             (Ashok Kumar Pandey, J)
durgesh/-

U      T


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