Bittu Kumar @ Saurabh KumarversusThe State of Bihar

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.4168 of 2025
                  Arising Out of PS. Case No.-237 Year-2024 Thana- DAUDNAGAR District- Aurangabad
                 ======================================================
                 Bittu Kumar @ Saurabh Kumar S/o- Munna Singh Village- Beladhi PS-
                 Daudnagar Post office- Tarari Distt- Aurangabad

                                                                                ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    Deepak Kumar S/o- Kamta Paswan Village- Beladhi PS-Daudnagar Post
                 office- Tarari Distt- Aurangabad

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :       Mr.Pratik Kumar Sinha
                 For the Respondent/s   :       Ms.Usha Kumari 1
                                                Ms.Mukul Kumari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   06-07-2026                 1. Heard learned counsel for the appellant, the learned

                   counsel appearing on behalf of the informant and the learned

                   Special Public Prosecutor for the State.

                               2. The appellant has challenged the order dated

                   14.05.2025 passed by the learned District and Additional Sessions

                   Judge-1st-cum-Special Judge, SC/ST, NDPS and Children Act,

                   Aurangabad in connection with Daudnagar P. S. Case No.237 of

                   2024, instituted for the offences under Sections 341, 323, 307, 34,

                   504, 506 of the Indian Penal Code and Section 3(1)(r)(s), 3(2)(v)

                   of the Scheduled Castes & Scheduled Tribes (Prevention of

                   Atrocities) Act, whereby his prayer for grant of anticipatory bail

                   has been rejected.

                               3. The learned counsel appearing on behalf of the
Patna High Court CR. APP (SJ) No.4168 of 2025(4) dt.06-07-2026
                                             2/3




          appellant submits that appellant is a person with clean antecedent

          and the informant alleges that on 12.05.2024 at 4.30 PM, he came

          to the house of Golu and Banty seeking his wages but they refused

          to pay the wages and both started assaulting. Further, appellant

          along with six named accused persons assaulted by khanti and rod

          causing injury on head.

                       4. The learned counsel for the appellant submits that

          appellant has been falsely implicated in the instant case by the

          informant. It is further submitted that from perusal of the

          allegations as alleged in the FIR, it would manifest that the entire

          occurrence took place at the house of Golu and Banty as such was

          not in public view and even allegation of abuse and assault is

          general and omnibus in nature. It is further submitted that police

          after threadbare investigation came to a considered conclusion that

          appellant is innocent and thus submitted final form exonerating the

          appellant of the allegations as alleged in the FIR, but then learned

          trial Court differing with the police report took cognizance based

          on which the appellant apprehends arrest. It is next submitted that

          when one investigating agency after threadbare investigation came

          to a considered conclusion that appellant is innocent whether it

          would be prudent for the Court to send the appellant to jail based

          on an order of cognizance which came to be taken based on the

          same police report which exonerated the appellant of the
               Patna High Court CR. APP (SJ) No.4168 of 2025(4) dt.06-07-2026
                                                            3/3




                         allegations.

                                      5. The learned Special P. P. as well as the learned

                         counsel appearing on behalf of the informant opposes the

                         anticipatory bail application, but then are not in a position to rebut

                         the submission of the learned counsel appearing on behalf of the

                         appellant that police after investigation submitted final form

                         exonerating the appellant of the allegations.

                                      6. After hearing the learned counsel for the parties, the

                         Court was inclined to extend the privilege of anticipatory bail to

                         the appellant but since cognizance has been taken, as such, the

                         appeal is disposed of with a direction to the appellant to surrender

                         before the learned Trial Court on 22.07.2026.

                                      7. If the appellant surrenders before the learned Trial

                         Court on 22.07.2026, the learned trial Court shall consider and

                         dispose of the case on the same day keeping in mind the fact that

                         police after investigation submitted final form exonerating the

                         appellant of the allegations and also the observations of this Court

                         as recorded herein above.


                                                    (Satyavrat Verma, J)
vikash/-

U          T