Mohan Kumar @ Kumar Indu Bhushan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2705 of 2024 Arising Out of PS. Case No.-81 Year-2024 Thana- JANKINAGAR District- Purnia ====================================================== 1 .
Mohan Kumar @ Kumar Indu Bhushan Son of Nav Narayan Yadav R/O Village- Itahari, P.S.- Jankinagar Dist.- Purnea 2.
Ruby Devi Wife of Manoj Kumar @ Manoj Yadav Resident of VillageItahari, Police Station-Jankinagar, District-Purnea. ... ... Appellant/s
Versus
1 .
The State Of Bihar Patna 2.
Runa Devi W/O Dip Narayan Sharma R/O Vill.- Itahri Tapra Tola, Ward No. 14, P.S.- Janki Nagar, Dist.- Purnea ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Bijendra Kumar Singh, Advocate For the Respondent/s :
Mrs. Usha Kumari 1, Spl. PP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-11-2025 Heard learned counsel for the parties. Despite valid service of notice , nobody appears on behalf of respondent No.2.
2. This appeal has been filed for setting aside order dated 14.05.2024 passed in a case registered for the offence punishable under sections 448, 341 , 323, 354, 379, 504 and 34 of IPC and 3(1)(r) (s) Schedule Caste and Schedule Tribes Act, whereby the prayer for anticipatory bail of the appellant has been rejected.
3 . As per the prosecution case, the informant, namely, Runa devi alleged that on 08.03.2024 at about 11:00 PM,
Patna High Court CR. APP (SJ) No.2705 of 2024(5) dt.13-11-2025 2/3 appellant No. 1 , Manoj Yadav entered house of informant, abused her by caste name and misbehaved with her and her daughter-in -law and also assaulted informant and threatened her with dire consequences. It is further alleged that on 09.03.2024 at about 11:00 O' Clock appellant No. 2 and appellant No. 3 came , abused and assaulted both informant and her daughter-in -law .
4. It is submitted on behalf of these appellants that on account of land dispute , a maarpeet took place between both the parties in which both sides sustained injuries. Case and counter case . There is absolutely no allegation against these appellants that they abused informant by caste name and as such, no case under Section SC / ST Act is made out. Appellants claim clean antecedent.
5 . Learned special Public Prosecutor for the State opposed the bail.
6. Considering the aforesaid facts, this appeal is allowed and the impugned order is set aside. Let the appellants, named above, in the event of arrest/surrender within a period of eight weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like
Patna High Court CR. APP (SJ) No.2705 of 2024(5) dt.13-11-2025 3/3 amount each to the satisfaction of the learned Special Judge SC /ST Act Purnea in connection with Janki Nagar Police Station Case No. 81 of 2024 .
(Prabhat Kumar Singh, J) Koushik/- U T