Anand Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1241 of 2025 Arising Out of PS. Case No.-2 Year-2025 Thana- SC/ST District- Nawada ====================================================== Anand Kumar Son Of Shiv Shankar Prasad Resident Of Indrapuri, Road No.- 5, P.S. - Patliputra, District - Patna ... ... Appellant/s

Versus

1.

The State Of Bihar 2.

Nagina Prasad Son Of Baldev Prasad Singh Resident Of Village - Sirdala,Near P.N.B. Bank, P.S. - Nawada, District - Nawada ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Sharda Nand Mishra, Advocate Mr. Deepak Kumar, Ms. Isha Mishra, Advocates For the Respondent/s :

Mr. Binay Krishna, Spl. Public Prosecutor For the R.No. 2 :

Mr. Devendra Prasad Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-04-2026 Heard learned counsel for the appellant, respondent no. 2 and the State.

2. This appeal has been filed against the order dated 01.03.2025 passed by learned Exclusive Special Judge, Special Court, SC/ST Act, Nawada in ABP No. 617 of 2025 arising out of SC/ST P.S. Case No. 02 of 2025 registered under Sections 323, 341, 504, 506, 420 of the Indian Penal Code and Section 3(1)(r)(i)(s), 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of appellant has been rejected.

3. Informant, alleges that when he went to the showroom to enquire about a car, this appellant along with other accused persons abused by caste name and assaulted him.

Patna High Court CR. APP (SJ) No.1241 of 2025(4) dt.23-04-2026 2/3

4. Learned counsel for the appellant submits that appellant is innocent and has committed no offence. Appellant was Sales Consultant at Nutan Automobile Pvt. Ltd. from the years 2018 to November 2020 and not the Sales Manager. His duty was to take care of the customers and he had no role in selling the car and as such, there was no occasion for this appellant to indulge in conversation or abuse informant by caste name. It is not alleged that any member of public was present at the place of occurrence and as such, no case under SC/ST Act is made out against the appellant. Appellant claims clean antecedent.

5. Learned Spl. Public Prosecutor for the State and learned counsel for the respondent no. 2 vehemently opposed the bail application.

6. Considering the aforesaid facts, let the appellant, as named above, in the event of his arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Special Court, SC/ST Act, Nawada in ABP No. 617 of 2025 arising out of SC/ST P.S. Case No. 02 of 2025.

7. Accordingly, this criminal appeal is allowed and

Patna High Court CR. APP (SJ) No.1241 of 2025(4) dt.23-04-2026 3/3 impugned order dated 01.03.2025 is set aside with respect to this appellant only.

(Prabhat Kumar Singh, J) Navya/- U T