Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2092 of 2025 Arising Out of PS. Case No.-477 Year-2024 Thana- DIGHA District- Patna ====================================================== Pintu Kumar S/O Late Vinod Ray R/O Vill.- Visunpur, P.s.- Akilpur, Dist.- Patna.

... ... Appellant/s

Versus

1.

The State of Bihar Bihar 2.

Sangita Devi W/O Late Bijendra Paswan R/O Gandhi Gali Main Road, Ramji Chak, P.s.- Digha, Dist.- Patna.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Ravi Kant Kumar, Adv.

For the Respondent/s :

Ms.Usha Kumari 1 , Spl.PP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 11-09-2025 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.

2. This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter in short referred to as the SC/ST Act) against the refusal of prayer of bail vide order dated 05.02.2025 passed by the learned Exclusive Special Court, SC/ST Act, Patna Bihar in connection with Special SC/ST Case No. 474/2024 arising out of Digha P.S. Case No. 477/2024 dated 24.07.2024 registered for the offence/s punishable u/s 118, 109 and 61(2) of the B.N.S, Sections 25(1-B)(a), 26, 27 and 35 of the Arms Act and Sections 3(1)(r)(s) and 3(2)(v) of the SC/ST

2/4 Act. Thereafter, Section 103 of the B.N.S. was added.

3. As per the prosecution case, eight miscreants riding on three motorcycles came and fired indiscriminately on the informant's son and his friend causing injuries. They also fired on the informant, but she escaped. Further, the informant has alleged that the co-accused persons along with some unknown miscreants have fired on the informant's son and his friend indiscriminately with an intention to kill. Thereafter, nearby people started pelting stones upon the accused persons then they fled away and the informant's son and his friend were taken to the hospital.

4. Learned counsel for the appellant has submitted that the appellant has falsely been implicated in this case due to ulterior motive. The appellant is not named in the F.I.R. The name of the appellant has sprung up in the confessional statement of the co-accused, Santosh Kumar. The appellant was not apprehended on the spot. As per FIR, no member of public was present at the relevant point of time of the incident. Learned counsel has further submitted that no particular caste name has been called by the appellant hence no case is made out under SC/ST Act. The charge-sheet has been submitted against the appellant. The appellant has no concern with the alleged

3/4 offence. The co-accused person has already been granted regular bail by this court vide order dated 17.04.2025 passed in Cr. Appeal (SJ) No. 5626/2024. The appellant has seven criminal antecedents as stated at para 3 of the bail petition. The appellant is in custody since 07.10.2024.

5. Learned Spl. P.P. for the State has vehemently opposed the prayer of bail. As per the P.M. Report, the informant's son died due to haemorrhage and shock and so far as the injury of Raju Kumar is concerned, the nature of injury is grievous in nature.

6. In view of the aforesaid facts and circumstances of the case as well as finding substance in the contention of the learned counsel for the appellant, the impugned order dated 05.02.2025 passed by the learned Exclusive Special Court, SC/ST Act, Patna Bihar in connection with Special SC/ST Case No. 474/2024 arising out of Digha P.S. Case No. 477/2024, is set aside against the appellant. The criminal appeal is allowed.

7. Accordingly, the above named appellant, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Court, SC/ST Act, Patna in connection with Special SC/ST Case No. 474/2024 arising out of Digha P.S. Case No. 477/2024, with the

4/4 condition:- (i). The appellant is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the appellant are liable to be cancelled. (Chandra Prakash Singh, J) Gautam/- U T