Patna High Court
Amit KumarversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
The appeal is dismissed; bail is refused.
Summary
Amit Kumar was charged under the Bihar Narcotic Substances Act, 2023 and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly assaulting the husband of an informant, resulting in the victim’s death. The appellant pleaded that he has a clean record and was falsely implicated, seeking regular bail under Section 14(A)(ii) of the SC/ST Act. The prosecution, relying on the FIR, case diary and a post‑mortem report, argued that the allegations are specific and serious. The trial judge had refused bail, prompting the appellant to appeal. The Patna High Court, after hearing counsel, held that the nature of the accusation and the supporting medical evidence warranted denial of bail. Consequently, the appellate court affirmed the lower court’s order and dismissed the appeal.
Issues considered
- Whether bail should be granted to the appellant under Section 14(A)(ii) of the SC/ST Act given the seriousness of the alleged offence.
- Whether the appellant’s claim of false implication is sufficient to merit bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 103, 303(2), 3(5), 351(2)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 14(A)(ii), 3(2)(v)
Subjects
- bail
- SC/ST Act
- scheduled caste
- scheduled tribe
- assault
- homicide
- false implication
- post‑mortem report
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.464 of 2026
Arising Out of PS. Case No.-119 Year-2025 Thana- SIGAUDI District- Patna
======================================================
Amit Kumar S/o- Shyamnandan Yadav @ Shyamnandan Singh R/v- Bela Ps-
Sigori Dist- Patna
... ... Appellant/s
Versus
1. The State of Bihar
2. Pinki Devi W/o- Late Kundan Kumar R/v- Bahadurganj Ps- Sigori Dist-
Patna
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Parashuram Singh, Advocate
For the Respondent No. 2: Mr. Kumar Prabhakar, Advocate
For the State : Mrs. Usha Kumari 1, SpL. P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 08-04-2026 Heard Mr. Parashuram Singh, learned counsel
appearing for the appellant, Mr. Kumar Prabhakar, learned
counsel for the Respondent No. 2 and Mrs. Usha Kumari 1,
learned Special Public Prosecutor for the State.
2. This is an appeal under Sections 14(A)(ii) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act (hereinafter referred to as the “SC/ST Act”)
against the refusal of prayer for regular bail vide order dated
12.12.2025 passed by the learned Exclusive Special Judge,
SC/ST Act, Civil Court, Sadar, Patna in connection with Special
Case No. 497 of 2025 Serial No. 398 of 2025 arising out of
Sigori P.S. Case No. 119 of 2025, F.I.R. dated 31.08.2025
Patna High Court CR. APP (SJ) No.464 of 2026(3) dt.08-04-2026
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registered under Sections 103, 303(2), 351(2), 3(5) of the
B.N.S., 2023 and Sections 3(2)(v) of the SC/ST Act.
3. Allegation against the appellant is that he has
assaulted to the husband of the informant and later on he has
died.
4. Learned counsel for the appellant submits that the
appellant has clean antecedent and he has been falsely
implicated in the present case. He further submits that the
allegation as alleged in the F.I.R. is false and fabricated and the
appellants have not committed any offence as alleged in the
F.I.R.
5. Learned counsel for the Informant as well as
learned Special Public Prosecutor for the State, on the other
hand, on the basis of material available on record and case diary,
vehemently opposed the prayer for bail of the appellant and
submits that from perusal of the F.I.R. it appears that there is
direct and specific allegation against the appellant that he has
assaulted to the husband of the informant and later on he has
died as well as the postmortem report also supports the
allegation as alleged in the F.I.R.
6. Considering the nature of allegation as alleged in
the F.I.R., I am not inclined to enlarge the appellant on bail in
Patna High Court CR. APP (SJ) No.464 of 2026(3) dt.08-04-2026
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connection with Special Case No. 497 of 2025 Serial No. 398 of
2025 arising out of Sigori P.S. Case No. 119 of 2025 pending
in the Court of learned Exclusive Special Judge, SC/ST Act,
Civil Court (Sadar), Patna.
7. Prayer is refused.
8. Accordingly, the impugned order is affirmed and
this appeal stands dismissed.
(Rajesh Kumar Verma, J)
Ibrar//-
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