Laipit Jha @ Lopit JhaversusThe State of Bihar

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CRIMINAL APPEAL (SJ) No.850 of 2026
                   Arising Out of PS. Case No.-22 Year-2026 Thana- KUSHESHWARASTHAN District-
                                                       Darbhanga
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                 Laipit Jha @ Lopit Jha S/O Late Ram Swaroop Jha R/O Vill.- Harinagar, P.S.-
                 Kusheshwar Asthan, Dist.- Darbhanga.

                                                                              ... ... Appellant/s
                                                    Versus
           1.    The State of Bihar
           2.    Asharfi Paswan S/O Late Saryug Paswan R/O Vill.- Harinagar, P.S.-
                 Kusheshwar Asthan, Dist.- Darbhanga.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :      Ms. Mili Kumari, Advocate
                 For the Respondent/s   :      Mr.Usha Kumari 1, Spl.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   19-03-2026                      Heard learned counsel for the appellant, learned

                   Special Public Prosecutor for the State and learned counsel for

                   the respondent.

                               2. The instant appeal has been filed by the appellant

                   against the order dated 18.02.2026 passed by learned Exclusive

                   Special Judge, SC/ST (POA) Act, Darbhanga whereby the

                   prayer    for    bail of     the appellant in connection               with

                   Kusheshwarsthan P.S. Case no. 22 of 2026 under Sections

                   126(2), 115(2), 109(1), 118(1), 118(2), 117(2), 74, 303(2),

                   324(5), 329(4), 191(2), 191(3), 190, 61(2) of B.N.S. and

                   Sections 3(1) (r), 3(i), (s), (2) (v) 3(2) (v) of SC/ST (POA) Act

                   was rejected.
Patna High Court CR. APP (SJ) No.850 of 2026(2) dt.19-03-2026
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                       3. The case of the prosecution is that the wages of

          respondent’s son was remaining in one Hemkant Jha and on this

          score, there was dispute. On 01.0.2026, the son of the

          respondent was returning after purchasing vegetables. It is

          alleged that the appellant along with other 69 named persons

          and 100-150 unknown persons assaulted the son of the

          respondent with rod, farsa, dabiya and brick. It is further alleged

          that he was being abused with the caste name. It is further

          alleged that Foolkant Jha ordered to kill and on his order,

          Hemkant Jha, Srikant Jha and others have assaulted with iron

          rod on the head of the respondent’s son.

                       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 seventy accused persons are

          named and 100-150 accused persons are unnamed. From perusal

          of the injury report of the Vikram Paswan, it appears that, he has

          received one injury. He has further submitted that if for a

          moment, it is taken that the injury received by the son of the

          respondent is grievous, in that case also, the nature of allegation

          is general and omnibus. There is no specific allegation against

          the appellant. A statement has been made in para-3 of this

          petition that the appellant has got no criminal antecedent.
            Patna High Court CR. APP (SJ) No.850 of 2026(2) dt.19-03-2026
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                      Moreover, the appellant is languishing in judicial custody since

                      01.02.2026.

                                   5. The appeal for bail is opposed by learned Spl. P.P.

                      for the State and learned counsel for the respondent and has

                      submitted that in this case, a mob has assaulted the members of

                      the SC/ST community which is apparent from the order of the

                      learned trial court.

                                   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.

                      Accordingly, the appeal is allowed and the impugned order

                      dated 18.02.2026 is hereby set aside.

                                    7. The appellant is directed to be enlarged on bail in

                      connection with Kusheshwarsthan P.S. Case No. 22 of 2026 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 (POA) Act,

                      Darbhanga.



                                             (Ashok Kumar Pandey, J)
shubham/-

U     T