Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1875 of 2025 Arising Out of PS. Case No.-172 Year-2024 Thana- TANKUPPA District- Gaya ====================================================== Ravi Kumar S/o- Vijay Chaudhary Village- Nanhak Chak Ps- Tankuppa DistGaya ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Raju Kumar S/o- Ruplal Paswan Village- Jehli Bigha Ps- Tankuppa DistGaya ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Gajendra Kumar Singh, Advocate For the Respondent/s :

Mr. Binay Krishna, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-12-2025 Heard learned counsel for the appellant, learned Special Public Prosecutor for the State and learned counsel for the informant.

2.

The instant appeal has been filed by the appellant against the order dated 07.04.2025 passed by learned Exclusive Special Judge, SC/ST Act, Gaya whereby the prayer for bail of the appellant in connection with Tankuppa PS Case No. 172 of 2024 institution under Sections 191(2), 191(3), 190, 126(2), 115, 117(2), 109, 352 & 351(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3(i)(r) & 3(1)(s) of SC/ST Act was rejected. 3.

The prosecution case, in short, is that on 17.10.2024 at about 8:30 A.M., the accused forcibly began

Patna High Court CR. APP (SJ) No.1875 of 2025(6) dt.16-12-2025 2/3 construction on the informant's land and, on protest, assaulted him, snatched his motorcycle and gold chain, and caused injuries to him and his maternal uncle with rods. 4.

Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. There is no specific allegation against the appellant, rather the same is general and omnibus in nature. Learned counsel for the appellant further submits that the appellant has not taken the caste name of the informant in public view. Hence, no offence under the provisions of SC/ST Act is made out against him. The appellant has no intention to disgrace the image of the informant in public view. The appellant is in custody since 19.03.2025 and has no criminal antecedent.

5.

Learned Special P.P. for the State and the informant have vehemently opposed the prayer for grant of bail to the petitioner.

6.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the appellant, this Court is inclined to allow this appeal. Accordingly, the appeal is allowed and order dated 07.04.2025 passed by learned Exclusive Special Judge, SC/ST Act, Gaya is

Patna High Court CR. APP (SJ) No.1875 of 2025(6) dt.16-12-2025 3/3 hereby set aside.

7.

Let the appellant be released on bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Tankuppa PS Case No. 172 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T