Patna High Court
Karan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Navik (BNS) Act, 2023 — s. 115(2), 316, 318, 351(2), 352
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 14(A)(2), 3(1)(r), 3(1)(s)
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
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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/-
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