Patna High Court
Subodh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
Holding
The appeal is allowed and the order rejecting anticipatory bail is set aside, directing the appellant’s release on bail.
Summary
Subodh Kumar was charged under several provisions of the Indian Penal Code and the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act for alleged assault and caste-based offences. He applied for anticipatory bail, which was rejected by the Special Judge. The appellant contended that he was falsely implicated and that the FIR did not specifically allege caste-based abuse. On appeal, the Patna High Court examined the submissions and set aside the Special Judge's order, allowing the appeal. The court directed that the appellant be released on bail upon furnishing a bail bond of Rs.5,000 with two sureties, subject to the conditions of Section 438(2) of the Cr.P.C.
Issues considered
- Whether the appellant is entitled to anticipatory bail under Section 438 of the Cr.P.C.
- Whether the allegations in the FIR constitute a cognizable offence under the IPC and the SC/ST Act.
- Whether the appellant was falsely implicated in the case.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 115(2), 126(2), 3, 351(2), 352, 5
- Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r)(s), 3(2)(v-a)
Subjects
- anticipatory bail
- Indian Penal Code
- SC/ST Act
- false implication
- bail
- criminal appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.5278 of 2024
Arising Out of PS. Case No.-649 Year-2024 Thana- AURANGABAD TOWN District-
Aurangabad
======================================================
Subodh Kumar Son of Matuk Yadav @ Matuk Yadavo Resident of Village -
Pandariya, P.S. - Simra, District - Aurangabad
... ... Appellant/s
Versus
1. The State of Bihar
2. Akhilesh Kumar Son of Late Bhikhar Paswan Resident of Village -
Pandariya, P.S. - Simra, District - Aurangabad
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Ashok Singh
For the Respondent/s : Mr.Sadanand Paswan
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
5 30-04-2026 1. Heard learned counsel for the appellant and the
learned Special Public Prosecutor for the State.
2. The appellant has challenged the order dated
30.10.2024 passed by the learned Special Judge (SC/ST)-cum-
1st Additional District & Sessions Judge, Aurangabad in
connection with ABP No.2391 of 2024 arising out of
Aurangabad (Town) P. S. Case No.649 of 2024, instituted for
the offences under Sections 126(2), 115(2), 352, 351(2), 3, 5 of
the Indian Penal Code and Section 3(1)(r)(s),3(2)(v-a) of the
Scheduled Castes & Scheduled Tribes (Prevention of Atrocities)
Act, whereby his prayer for grant of anticipatory bail has been
rejected.
Patna High Court CR. APP (SJ) No.5278 of 2024(5) dt.30-04-2026
2/3
3. The learned counsel appearing on behalf of the
appellant submits that from perusal of the office report dated
20.04.2026, it would manifest that respondent no.2 has received
the notice but then chooses not to appear and contest. It is next
submitted that appellant has antecedent of one case and the
informant alleges that Subodh had called 7-8 accused and when
the informant came out of the college, the accused assaulted him
but he managed to flee.
4. The learned counsel for the appellant submits that
appellant has been falsely implicated in the instant case by the
informant. It is next submitted that from perusal of the
allegations as alleged in the FIR, it would manifest that the same
does not even remotely suggest that the informant was abused
by taking caste name and allegation of assault is also general
and omnibus in nature.
5. The learned Special P. P. opposes the bail
application.
6. Regard being had to the aforesaid submissions, the
order dated 30.10.2024 is set-aside.
7. The appeal stands allowed.
8. The appellant, above-named, in the event of
his arrest or surrender before the learned Court below within a
Patna High Court CR. APP (SJ) No.5278 of 2024(5) dt.30-04-2026
3/3
period of six weeks, is directed to be released on bail on his
furnishing bail-bonds in the sum of Rs.5,000/- (Rupees Five
Thousand) with two sureties of the like amount each to the
satisfaction of learned Special Judge (SC/ST)-cum- 1st
Additional District & Sessions Judge, Aurangabad in connection
with ABP No.2391 of 2024 arising out of Aurangabad (Town) P.
S. Case No.649 of 2024, subject to the conditions laid down
under Section 438(2) of the Cr.P.C.
(Satyavrat Verma, J)
vikash/-
U T
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