Patna High Court
Avinash KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The appeal is allowed; the order denying bail is set aside and the appellant is granted bail on bond.
Summary
Avinash Kumar appealed against the denial of bail in a case where he was accused, along with others, of participating in a mob assault that resulted in the death of the husband of Pinki Devi. The prosecution alleged that Kumar was part of the ambush, but the defence argued that the FIR only implicated him nominally and that no specific overt act was attributed to him, with the main allegations directed at Amit Kumar and Nitish Kumar. The court examined whether there was sufficient evidence of an overt act by the appellant under the Bihar Non-Applicable Sections and the SC/ST (Prevention of Offences) Act. Finding no specific overt act against the appellant, the court set aside the order rejecting bail. Consequently, the appellant was granted bail on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the appellant committed any overt act sufficient to justify denial of bail under the relevant provisions of the B.N.S. and SC/ST (POA) Act.
- Whether the order of the Exclusive Special Judge denying bail is maintainable in view of the evidence.
Legislation cited
- B.N.S. — s. 103, 303(2), 3(5), 351(2)
Subjects
- bail
- SC/ST (POA) Act
- mob assault
- false implication
- criminal procedure
- overt act
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.5013 of 2025
Arising Out of PS. Case No.-119 Year-2025 Thana- SIGAUDI District- Patna
======================================================
Avinash Kumar Son of Subodh Kumar @ Subodh Verma Resident of Village-
Bela, P.S.- Sigori, District- Patna
... ... Appellant/s
Versus
1. The State of Bihar
2. Pinki Devi Wife of Late Kundan Kumar Resident of Village- Bahadurganj,
P.S.- Sigori, District- Patna
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ashok Kumar Sinha, Advocate
For the State : Mrs. Usha Kumari 1, Spl.P.P.
For the Respondent No.2: Mr. Kumar Prabhakar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 15-04-2026 Heard learned counsel for the appellant, learned
Special Public Prosecutor for the State and learned counsel for
the respondent no. 2.
2. The instant appeal has been filed by the appellant
against the order dated 04.11.2025 passed by learned Exclusive
Special Judge, SC/ST Act, Civil Court (Sadar), Patna whereby
the prayer for bail of the appellant in connection with Sigori P.S.
Case no. 119 of 2025 under Sections 103, 303(2), 351(2) and
3(5) of B.N.S. and Sections 3(2) (v) of SC/ST (POA) Act was
rejected.
3. The case of the prosecution is that the appellant
along with others has made an ambush and as the husband of the
Patna High Court CR. APP (SJ) No.5013 of 2025(4) dt.15-04-2026
2/3
respondent went there, one Nitish Kumar caught his waist and
Amit Kumar threatened him of dire consequences. He was also
assaulted with bricks on his head due to which he received head
injury on the back part of his head. It is further alleged that Rs.
3,000/- was also snatched from his pocket. Later on, the
husband of the respondent (deceased) succumbed to the injuries.
4. It is submitted by learned counsel for the appellant
that appellant has been falsely implicated in this case. From
perusal of the FIR,it is clear that though the appellant is named
as one of the accused persons but from perusal of the FIR, it is
clear that the main thrust of allegation is against Amit Kumar
and Nitish Kumar. There is no any allegation of overt act against
the appellant. He is only a member of mob. As far as abusing
the deceased with caste name is concerned, the same is also
general and omnibus in nature. Moreover, the appellant is
languishing in judicial custody since 01.09.2025.
5. The appeal for bail is vehemently opposed by
learned Spl. P.P. for the State and learned counsel for the
respondent no.2.
6. Having heard learned counsel for the parties and
taking into consideration that there is no any specific overt act
against the appellant, the Court is inclined to allow this appeal.
Patna High Court CR. APP (SJ) No.5013 of 2025(4) dt.15-04-2026
3/3
Accordingly, the appeal is allowed and the impugned order
dated 04.11.2025 is hereby set aside.
7. The appellant is directed to be enlarged on bail in
connection with Sigori P.S. Case No. 119 of 2025 on furnishing
bail bond of Rs. 10,000/- (Rs. ten thousand only) with two
sureties of the like amount each to the satisfaction of the learned
Exclusive Special Judge, SC/ST Act, Civil Court (Sadar), Patna.
(Ashok Kumar Pandey, J)
shubham/-
U T
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