Mankhush Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1526 of 2025 Arising Out of PS. Case No.-696 Year-2024 Thana- AMARPUR District- Banka ====================================================== 1.

Mankhush Kumar S/o- Rajesh Yadav Resident Of Village- Nagardiv, PsFullidumar, Dist- Banka 2.

Gautam Yadav @ Gautam Kumar S/o- Manoj Yadav Resident Of VillageNagardiv, Ps- Fullidumar, Dist- Banka ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Baban Kumar Manjhi, ASI S/o- Late Gautam Manjhi Resident Of VillageIshuapur, Dist- Saran ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Pankaj Kumar, Advocate For the Respondent/s :

Mrs. Usha Kumari 1, Spl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-07-2025 Heard learned counsel appearing on behalf of appellants and Spl. Public Prosecutor.

2. This appeal has been filed against the order dated 24.03.2025 passed by learned Additional Sessions Judge-I-cumSpecial Judge SC/ST (POA) Act, Banka in ABP No. 51 of 2025 connection with Amarpur P.S. Case No. 696 of 2024, registered under Sections 191(2), 191(3), 190, 126(2), 115(2), 117(2), 109(1), 121(1), 121(2), 132, 324(4), 326(f), 303(2), 352, 351(2) of the Bharatiya Nyaya Sanhita and Sections 3(i)(r)(s), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of

Patna High Court CR. APP (SJ) No.1526 of 2025(3) dt.16-07-2025 2/2 appellants has been rejected.

3. It is alleged that all the F.I.R. named accused persons including these appellants attacked police party and assaulted them as a result of which some of the police personnel sustained injuries. It is further alleged that the accused persons also snatched mobile phones and also abused them by caste name.

4. It is submitted on behalf of appellants that appellants are innocent and have committed no offence. Allegation of assault is general and omnibus. Moreover, it is not the case of informant that alleged incident occurred within the public view as such, no offence under SC/ST Act is made out. Appellants claim clean antecedent.

5. However, learned Spl. Public Prosecutor appearing for the State vehemently opposed the bail application.

6. Considering the nature of accusation, I do not find any ground to interfere with the order of the learned court below and as such, the appeal, which has been filed for grant of anticipatory bail, is hereby rejected.

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