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Patna High Court

Karan KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The High Court set aside the lower court’s refusal of bail and granted bail to the appellant with conditions.

Summary

The appellant Karan Kumar appealed to the Patna High Court against the Exclusive Special Judge's refusal to grant regular bail in a case registered under Sections 115(2), 351(2), 352, 316, 318 of the Bihar Navik (BNS) Act, 2023 and Sections 3(1)(r), 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The prosecution alleged that the appellant misappropriated Rs. 19.5 lakh from the informant and abused him by using a caste name. The appellant contended that the allegations were false, that the incident occurred inside his house and therefore did not attract the SC/ST Act, and offered to return the money in instalments. The State opposed bail, citing a prior criminal antecedent. The High Court held that the lower court erred in refusing bail, set aside its order, and granted bail on a Rs. 10,000 bond with two sureties and several conditions, including payment of Rs. 4 lakh to the informant and verification of the appellant's criminal antecedent. The appeal was consequently allowed.

Issues considered

  • Whether the alleged caste‑based abuse and misappropriation attract liability under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
  • Whether bail should be granted under Section 14(A)(2) of the SC/ST Act despite the nature of the offences and the appellant's criminal antecedent.
  • Whether the lower court erred in refusing bail on the facts presented.

Legislation cited

Subjects

  • bail
  • Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act
  • caste‑based abuse
  • misappropriation of funds
  • criminal antecedent
  • Section 14(A)(2)
  • high court
  • appeal

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.916 of 2026
                     Arising Out of PS. Case No.-380 Year-2025 Thana- TEGHRHA District- Begusarai
                 ======================================================
                 Karan Kumar S/O Narayan Mahto R/o - ward no 10, Mosadpur, Mosaudpur,
                 P.O - Tilrath, P.S - Refinery, Dist- Begusarai

                                                                                  ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.     Abhishek Kumar S/O Ravindra Paswan R/o Vill- ward no 02, Banhara, P.S -
                  Teghra, Dist- Begusarai
                                                                      ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :         Mr. Pritish Kumar Lal, Advocate
                 For the Respondent/s   :         Mrs. Usha Kumari 1, Spl.PP
                 For the Respondent No.2:         Mr. Saroj Kumar Sharma, Advocate
                                                  Mr. Annupam, Advocate
                                                  Mr. Vikash Kumar, Advocate
                                                  Mr. Sunni Kumar, Advocate
                                                  Mr. Piyush Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

4   08-05-2026                   Heard Mr. Pritish Kumar Lal, learned counsel for

                   the appellant, Mr. Saroj Kumar Sharma, learned counsel

                   appearing on behalf of the Respondent No. 2 as well as Mrs.

                   Usha Kumari 1, learned Spl.P.P. for the State.

                               2. This is an appeal under Sections 14(A)(2) against

                   refusal of the prayer for regular bail by order dated 02.02.2026

                   passed by the learned Court of Exclusive Special Judge,

                   (SC/ST), Begusarai in connection with Teghra P.S. Case No.

                   380/2025, F.I.R. dated 22.11.2025 registered under Sections

                   115(2), 351(2), 352, 316 and 318 of the BNS, 2023 and Sections

                   3(1) (r), 3 (1) (s) of the Scheduled Castes and Scheduled Tribes
Patna High Court CR. APP (SJ) No.916 of 2026(4) dt.08-05-2026
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          Act (Prevention of Atrocities) Act.

                       3. According to the prosecution case, the allegation

          against the appellant is to misappropriate the sum of Rs.

          19,50,000/- of the informant by ensuring him job at Bihar

          Police. When the informant asked the appellant to return his

          money, the appellant abused him by calling caste name.

                       4. Learned counsel for the appellant submits that

          appellant is innocent and he has falsely been implicated in the

          present case. He further submits that the allegation as alleged in

          the F.I.R. is false and fabricated and the appellant has not

          committed any offences as alleged in the F.I.R. It appears from

          the FIR that the allegation against the appellant is of abusing the

          informant by calling the caste name and the said incident took

          place in the house of the appellant so, no case is made out under

          SC/ST Act against the appellant. Learned counsel for the

          appellant fairly submits that the appellant is ready to return Rs.

          16,50,000/- (Sixteen Lakhs Fifty Thousand) in question to the

          informant and at the time of furnishing bail bond, the appellant

          is ready to deposit Rs. 4,00,000 ( Four lakhs) by way of demand

          draft in favour of the informant, namely, Abhishek Kumar and

          rest amount of Rs. 12,50,000 (Twelve lakhs Fifty Thousand)

          will be paid within a period of three months in equal

          installments. He further submits that the police, after

          investigation, submitted charge sheet against the appellant. The
Patna High Court CR. APP (SJ) No.916 of 2026(4) dt.08-05-2026
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          appellant is in custody since 27.12.2025.

                       5. Learned counsel appearing on behalf of the

          Respondent No. 2 as well as learned Special Public Prosecutor

          for the State have vehemently opposed the prayer for bail of the

          appellant and submits that the appellant carries one more

          criminal antecedent other than the present one but fairly submits

          on the basis of paragraph-3 of the bail application that the

          appellant is on bail in the said matter.

                       6. Considering the aforesaid facts and circumstances

          of the case, let the appellant, above named, be released on bail

          on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with

          two sureties of the like amount each to the satisfaction of

          learned Court of Exclusive Special Judge, (SC/ST), Begusarai in

          connection with Teghra P.S. Case No. 380/2025, with other

          following conditions:-

                       i. Appellant shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on his absence on two consecutive dates without sufficient

          reason, his bail bond shall be cancelled by the Court below.

                       ii. If the appellant tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to move

          for cancellation of bail.

                       iii. And further condition that the court below shall
             Patna High Court CR. APP (SJ) No.916 of 2026(4) dt.08-05-2026
                                                          4/4



                       verify the criminal antecedent of the appellant and in case at any

                       stage it is found that the appellant have concealed his criminal

                       antecedent, the court below shall take step for cancellation of

                       bail bond of the appellant. However, the acceptance of bail

                       bonds in terms of the above-mentioned order shall not be

                       delayed for purpose of or in the name of verification.

                                    iv. At the time of furnishing bail bond, the appellant

                       shall deposit Rs. 4,00,000 ( Four lakhs) by way of demand draft

                       in favour of the informant, namely, Abhishek Kumar and the

                       learned court below is directed to hand over the said demand

                       draft to the informant or his representative and rest amount of

                       Rs. 12,50,000 (Twelve lakhs Fifty Thousand) will be paid

                       within a period of three months in equal installments and if the

                       appellant fails to deposit the rest amount, the informant will be

                       at liberty to move before the appropriate forum for cancellation

                       of bail bond of the appellant.

                                    7. Accordingly, the impugned order is set aside and

                       this appeal stands allowed.

                                    8. Pending I.A.(s) if any, stands disposed of.



                                              (Rajesh Kumar Verma, J)
atul/-

U        T


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