Patna High Court
Amit KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The appellant is entitled to bail; the lower court's refusal to grant bail is set aside.
Summary
The appellant, Amit Kumar, was charged with assaulting Chotu Kumar using an iron rod and allegedly abusing him with caste slurs, resulting in multiple injuries. The charges were under several sections of the Bharatiya Nyaya Sanhita, 2023, and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The appellant appealed the lower court's refusal to grant bail, arguing that the FIR contained only general, omnibus allegations and did not specifically identify him as the perpetrator of the grievous injury. The State opposed bail, emphasizing the seriousness of the offences and the caste-based nature of the alleged atrocity. The High Court found that the lack of specific allegation against the appellant warranted bail and set aside the lower court's order, directing his release on bail with appropriate sureties. Consequently, the appeal was allowed.
Issues considered
- Whether the appellant is entitled to bail despite being charged under the SC/ST (Prevention of Atrocities) Act and serious offences under the Bharatiya Nyaya Sanhita.
- Whether the FIR's general and omnibus allegations are sufficient to deny bail.
- Whether the alleged caste-based abuse occurred in public view, affecting the bail consideration.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 117(2), 126(2), 303(2), 3(5), 352
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(1)(r)(s)(t), 3(2)(v)
Subjects
- bail
- SC/ST Act
- caste violence
- assault
- criminal procedure
- Bharatiya Nyaya Sanhita
- scheduled castes
- atrocity
- exclusive special judge
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4672 of 2025
Arising Out of PS. Case No.-308 Year-2025 Thana- HISUWA District- Nawada
======================================================
Amit Kumar Son of Jay Prakash Saw @ Om Prakash Sah Resident of Village
- Khankhnapur Nalapar, P.S.- Hisua, District - Nawada
... ... Appellant/s
Versus
1. The State of Bihar
2. Chotu Kumar Son of Shri Chaudhary Resident of Mohalla - Hisua Nalapar,
P.S.- Hisua, District - Nawada.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ajit Ranjan Kumar, Advocate
For the Respondent/s : Mr. Binay Krishna, Spl.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 26-03-2026 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 15.10.2025 passed by the learned
Exclusive Special Judge, SC/ST (POA) Act, Nawada in
connection with B.P. No. 1545 of 2025, arising out of Hisua P.S.
Case No. 308 of 2025 registered for the offences punishable
under Sections 126(2), 115(2), 117(2), 109(1), 352, 303(2) &
3(5) of the Bharatiya Nyaya Sanhita, 2023, and under Sections
3(1)(r)(s)(t), 3(2)(v) of the SC/ST (POA) Act.
3. The case of the complainant, in short, is that the
Patna High Court CR. APP (SJ) No.4672 of 2025(4) dt.26-03-2026
2/3
appellant along with others have assaulted with iron rod to one
Chhotu Kumar (complainant). It is further alleged that he was
taken to Bhulan Bigaha and was abused with caste name and
after that all the accused persons including the appellant
assaulted him with hands and fists, iron rod.
4. Learned counsel for the appellant submits that
appellant is innocent and has falsely been implicated in the
present case. Learned counsel for the appellant has further
submitted that from perusal of the FIR itself it is clear that the
allegations are general and omnibus. There is no specific
allegation against the appellant. It has further been submitted that
as far as the allegation of abusing the informant with caste name
is concerned, it was not in public view as he was taken to Bhulan
Bigaha as per the FIR. It has further been submitted that from the
injury report of the informant it will transpire that the informant
has received multiple injuries. (i) Multiple abrasion of size
3”x1”, 4”x2”, 5”x3” over back (ii) swelling over left ankle joint
(iii) Lacerated wound of size 2”x1” over occipital area. From
perusal of the supplementary injury report it is clear that 3rd
injury is grievous whereas other injuries are simple in nature.
Learned counsel for the appellant has submitted that as the nature
of allegation is general and omnibus, it cannot be ascertained as
to who is author of injury no.(iii). Learned counsel for the
Patna High Court CR. APP (SJ) No.4672 of 2025(4) dt.26-03-2026
3/3
appellant has lastly submitted that the appellant is in judicial
custody since 23.09.2025.
5. Learned Spl.P.P. for the State has vehemently
opposed the prayer for grant of bail to the appellant.
6. In view of the submissions made by the learned
counsel for the appellant, the order dated 15.10.2025 passed by
the learned Exclusive Special Judge, SC/ST (POA) Act, Nawada
in connection with B.P. No. 1545 of 2025, arising out of Hisua
P.S. Case No. 308 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(POA) Act, Nawada in connection with
Hisua P.S. Case No. 308 of 2025.
7. Accordingly the appeal stands allowed.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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