Aman Kumar @ Aman Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3158 of 2025 Arising Out of PS. Case No.-431 Year-2021 Thana- CHAPRA TOWN District- Saran ====================================================== Aman Kumar @ Aman Singh S/o- Arjun Singh @ Chulai Singh R/o VillageTandi Tari PS-Chapra Mufassil District- Saran at Chapra ... ... Appellant/s
Versus
1. The State of Bihar
2. Rupesh Kumar Rajak, Son of Jaleshwar Rajak, resident of village Mauna Mohan Nagar, P.S. Chapra Town, District Saran at Chapra ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Dewendra Narayan Singh, Advocate For the Respondent/s :
Mr. Binay Krishna, Spl.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-05-2026
1. 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 referred to as the "SC/ST Act") against the refusal of prayer for anticipatory bail vide order dated 26.06.2025 in A.B.P. No. 2216 of 2025 passed by the learned Exclusive Special Judge, SC/ST Act, Saran at Chapra in connection with Chapra Town P.S. Case No. 431 of 2021 registered under Sections 147, 148, 149, 323, 504, 506 and 379 of the Indian Penal Code as well as Section 3(i)(r) of the SC/ST Act.
3. Learned counsel appearing on behalf of the appellant submits that from perusal of the office report dated 23.04.2026, it would manifest that notice has been validly served on respondent
Patna High Court CR. APP (SJ) No.3158 of 2025(4) dt.04-05-2026 2/3 no. 2 but then respondent no. 2, despite receiving the notice, chooses not to appear and contest.
4. Learned counsel appearing on behalf of the appellant submits that appellant has antecedent of one case and the informant alleges that on 09.08.2021, at 05:30 p.m., he received a call on his mobile from mobile no. 7909096820 and the caller said that he wants to buy biscuits, come to the godown, accordingly, the informant reached his godown when he saw a person present there and as soon as the informant opened the godown, six accused persons from behind tried to push him inside the godown and thereafter a scuffle broke out and the informant was assaulted, abused and even abused by taking caste name and one of the accused assaulted him with butt of pistol causing injury on head. Further, the named accused persons along with two unknown accused tried to kill the informant and even snatched his chain and Rs.1,65,000/-. On alarm, the villagers gathered, when Ashish was caught and the informant received a call threatening him to release the apprehended accused.
5. Learned counsel for the appellant submits that appellant has been falsely implicated in the instant case by the informant. It is further submitted that the allegation as alleged in the FIR does not inspire confidence. It is next submitted that no specific allegation of assault is alleged against the appellant and
Patna High Court CR. APP (SJ) No.3158 of 2025(4) dt.04-05-2026 3/3 the allegation of abuse is general and omnibus in nature and the informant is having enmity with Ashish who was also caught from the place of occurrence. It is also submitted that this perhaps explains why the informant, despite receiving the notice, chooses not to appear and contest.
6. Learned Special Public Prosecutor for the State opposes the prayer for anticipatory bail of the appellant.
7. Considering the submissions made by the learned counsel appearing on behalf of the appellant, let the appellant, above-named, in the event of his arrest or surrender within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending in connection with the aforesaid case, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
8. Accordingly, the impugned order is set aside and this appeal stands allowed.
(Satyavrat Verma, J) Kundan/- U T