Patna High Court
Apurv Kumar @ Ankur Paswan @ Apurva KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRABHAT KUMAR SINGH
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
- B.N.S. — s. 109, 118(1), 118(2), 140(3), 303(2), 3(5), 61(2)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(2)(va)
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
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