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Patna High Court

Avinash KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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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