Patna High Court
Raj Balam @ Raj Ballabh Kumar @ Raj Balay Kumar @ Raj Balam KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The appeal is allowed and the order rejecting bail is set aside, directing that the appellants be released on bail.
Summary
The appellants, Raj Balam and Lalit Kumar, were charged under multiple sections of the B.N.S., 2023 and the SC/ST (POA) Act for allegedly attacking with weapons, snatching a golden chain and assaulting with bricks. They contended that they were falsely implicated, that the specific allegations against them did not include any caste-based abuse, and that a counter‑version of the case had been filed by a co‑accused's mother. The State opposed bail, relying on the seriousness of the offences. The High Court, after considering the lack of criminal antecedent, the existence of a counter‑version, and the absence of any allegation of caste abuse against the appellants, found that the bail application warranted a favourable consideration. Consequently, the Court set aside the lower court’s order refusing bail and directed that the appellants be released on bail upon furnishing the required bond.
Issues considered
- Whether the appellants are entitled to bail despite the serious nature of the offences alleged under the B.N.S., 2023 and the SC/ST (POA) Act.
- Whether the specific allegations against the appellants constitute a ground to deny bail, particularly in the absence of a caste‑based abuse allegation.
- Whether the presence of a counter‑version of the case and the appellants' clean antecedent record justify granting bail.
Legislation cited
- B.N.S., 2023 — s. 109, 115(2), 126(2), 190, 191(2), 303(2), 351(2), 352, 61
Subjects
- bail
- criminal procedure
- SC/ST (POA) Act
- false implication
- assault
- weapon
- caste violence
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4688 of 2025
Arising Out of PS. Case No.-117 Year-2025 Thana- KHUDAGANJ District- Nalanda
======================================================
1. Raj Balam @ Raj Ballabh Kumar @ Raj Balay Kumar @ Raj Balam Kumar
S/O Dina Jamedar @ Dina Jamendar @ Dina Jamadar Resident of Village -
Akuri Bazar (Ankuri Bazar), P.S.- Khudaganj, District - Nalanda.
2. Lalit Kumar S/O Naresh Jamadar Resident of Village - Akuri Bazar (Ankuri
Bazar), P.S.- Khudaganj, District - Nalanda.
... ... Appellant/s
Versus
1. The State of Bihar
2. Dheeraj Kumar S/O Nagendra Chaudhary R/O Village- Akuri Bazar (Ankuri
Bazar), P.S- Khudaganj, Distt.- Nalanda.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Shyamal Prakash, Advocate
For the Respondent/s : Mrs. Usha Kumari 1, Spl.PP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 03-02-2026 Heard learned counsel for the appellants and learned
Special Public Prosecutor for the State.
2. The instant appeal has been filed by the appellants
against the order dated 01.11.2025 passed by learned Additional
Sessions Judge-VI-cum-Special Judge, SC/ST (POA Act),
Biharsharif whereby the prayer for bail of the appellant in
connection with Khudaganj P.S. Case No. 117 of 2025 under
Sections 190, 191(2), 126(2), 115(2), 303(2), 109, 61, 352,
351(2) of B.N.S., 2023 and Sections 3(1)(r)(s), 3(2)(va) of
SC/ST (POA) Act was rejected.
3. The case of the respondent in short is that both the
Patna High Court CR. APP (SJ) No.4688 of 2025(3) dt.03-02-2026
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appellants, being armed with Kudal and an iron rod, attacked. It
is further alleged that appellant no. 1 has snatched a golden
chain and appellant no. 2, along with other accused persons, has
assaulted with bricks.
4. It is submitted by learned counsel for the appellants
that appellants have been falsely implicated in this case.
Learned counsel for the appellants also submits that from
perusal of the case of the respondent, it is clear that the only
specific allegation against appellant no. 1, namely, Raj Balam @
Raj Ballabh Kumar, is that he has snatched a golden chain,
whereas the allegation against appellant no. 2, namely, Lalit
Kumar, is that he along with others has assaulted with bricks.
He further submits that there is also a counter version of this
case, which has been filed by one Kiran Devi (mother of co-
accused Raju Kumar). He further submits that there is no
allegation against the appellants that they have abused the
respondent with a caste name; the said allegation is against other
persons. He further submits that the appellants are having no
criminal antecedent and they are languishing in judicial custody
since 13.10.2025.
5. The appeal for bail is opposed by learned Spl. P.P.
for the State.
Patna High Court CR. APP (SJ) No.4688 of 2025(3) dt.03-02-2026
3/3
6. Having heard learned counsel for the parties and
taking into consideration, the facts and circumstances of the
case, the Court is inclined to allow this appeal. Accordingly, the
appeal is allowed and the impugned order dated 01.11.2025 is
hereby set aside.
7. The appellants are directed to be enlarged on bail in
connection with Khudaganj P.S. Case No. 117 of 2025 on
furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only)
each with two sureties of the like amount each to the satisfaction
of the learned Additional Sessions Judge-VI-cum-Special Judge,
SC/ST (POA Act), Biharsharif.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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