Karan Kumar v. The State Of Bihar

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 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

2/4 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.

3/4 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

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