Created by Fuzzy Cloud

Patna High Court

Apurv Kumar @ Ankur Paswan @ Apurva KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The appeal is dismissed and anticipatory bail is denied.

Summary

The appellant, Apurv Kumar, appealed against the trial court's order rejecting his anticipatory bail in a case involving alleged kidnapping, robbery, and assault with a knife on the son of informant Rinku Devi. The prosecution alleged that the appellant, along with co‑accused, snatched money from the victim and inflicted multiple incised wounds, causing grievous injury. The appellant contended that he was falsely implicated due to village politics, that the allegations were vague, and that no caste‑based motive under the SC/ST Act was established. The State argued that the FIR specifically named the appellant and detailed the violent assault, justifying denial of bail. The High Court, after considering the specificity of the accusations, the seriousness of the offences and the nature of the injuries, dismissed the appeal and refused anticipatory bail.

Issues considered

  • Whether the appellant is entitled to anticipatory bail in view of the specific allegations against him.
  • Whether the allegations under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act are sufficient to sustain a charge.
  • Whether the gravity of the offences and the nature of the injuries justify denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • assault
  • robbery
  • grievous hurt
  • SC/ST Act
  • scheduled caste atrocity
  • criminal procedure
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                     CRIMINAL APPEAL (SJ) No.905 of 2025
                 Arising Out of PS. Case No.-461 Year-2024 Thana- MADHUBAN District- East Champaran
                 ======================================================
                 Apurv Kumar @ Ankur Paswan @ Apurva Kumar S/o- Mukesh Paswan
                 Resident of Madhuban Mela Bajar, P.S- Madhuban, Dist- East Champaran

                                                                                 ... ... Appellant/s
                                                      Versus

           1.    The State of Bihar
           2.    Mostt. Rinku Devi W/o- Late Naresh Baitha Resident of Madhuban Mela
                 Bajar, P.S- Madhuban, Dist- East Champaran

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant       :       Mr. Kundan Rathore , Advocate
                 For the State           :       Mr. Binay Krishna, Spl.PP
                 For the Informant       :       None
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   16-04-2026                 Heard learned counsel appearing for the appellant and

                   learned Special Public Prosecutor appearing for the respondent-

                   State.

                               2. Despite filing Vakalatnama, no body appears on

                   behalf of the informant/Respondent No. 2.

                               3. This appeal has been filed for setting aside order

                   dated 25.01.2025 passed in a case registered for the offence

                   punishable under Sections 140(3), 118(1), 118(2), 109, 303(2),

                   61(2) and 3(5) of the B.N.S. and Section 3(2)(va) of the

                   Scheduled Castes and Scheduled Tribes (Prevention of

                   Atrocities) Act, whereby the prayer for grant of anticipatory

                   bail of this appellant has been rejected.
Patna High Court CR. APP (SJ) No.905 of 2025(4) dt.16-04-2026
                                             2/3




                       4. As per prosecution case, informant, namely Most.

          Rinku Devi, alleged that on 31.10.2024 at about 10 PM, when

          informant and her son, namely Bajrangi Kumar, was sleeping, in

          the meantime, co-accused Sajan Kumar came there and took son

          of informant away on a scooty. Later, one Rajan Kumar came

          and informed the informant that her son has been assaulted with

          knife on his abdomen, chest and back due to which he was

          injured and there was bleeding and he was thrown in front of

          Oxford School on the road. Thereafter, the son of informant

          informed her the name of all the accused persons, including this

          appellant, who snatched money from his pocket and upon

          objection, assaulted him.

                       5. It is submitted by learned counsel appearing on

          behalf of the appellant that appellant is quite innocent and has

          committed no offence. Appellant has falsely been implicated in

          this case due to village politics. Moreover, allegation of assault

          is general and omnibus and no specific accusation of overt act

          has been alleged against this appellant. It is further submitted

          that there is absolutely no allegation of abuse by caste name

          against this appellant and as such, no case under the Scheduled

          Castes and Scheduled Tribes (Prevention of Atrocities) Act is

          made out against this appellant. Appellant claims clean
             Patna High Court CR. APP (SJ) No.905 of 2025(4) dt.16-04-2026
                                                          3/3




                       antecedents.

                                    6. On the other hand, learned Spl. P.P. appearing for

                       the respondent-State has vehemently opposed the prayer for

                       grant of bail to the appellant and submitted that appellant is

                       named in the F.I.R. and there is specific accusation that he,

                       along with other accused persons, attacked son of informant,

                       snatched his money and assaulted on his abdomen, chest and

                       back with knife due to which he sustained multiple incised

                       wound. Doctor has found the injuries, sustained by the injured,

                       grievous in nature.

                                    7. Considering the facts and circumstances of the

                       case, specific and direct nature of accusation, gravity of offence

                       and nature of injuries allegedly caused by this appellant, the

                       prayer for grant of pre-arrest bail to the appellant is rejected and

                       accordingly, this appeal is dismissed.



                                              (Prabhat Kumar Singh, J)
shashank/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.