Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3769 of 2024 Arising Out of PS. Case No.-450 Year-2023 Thana- BARBIGHA District- Sheikhpura ====================================================== Chandan Kumar Son of Masudan Ram @ Masudan Resident of village - Ismialpur, P.S.- Barbigha, District - Sheikhpura. ... ... Appellant/s
Versus
1.
The State of Bihar 2.
Ram Nath Paswan Son of Bale Paswan Resident of village - Ismialpur, P.S.- Barbigha, District - Sheikhpura ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Pankaj Kumar, Advocate For the Respondent/s :
Mr. Sadanand Paswan, Spl. P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 11-11-2025 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.
2. This appeal has been preferred against the order dated 22.07.2024 passed by the learned 1st Additional Sessions Judge-cum-Special Judge, S.C./S.T. Act, Sheikhpura in connection with Barbigha P.S. Case No. 450 of 2023, registered for the offences under Sections 147, 149, 341, 323, 324, 379, 354(b) and 504 of the Indian Penal Code and Sections 3(i)(r)(s) and 3(2)(va) of the S.C./S.T. (Prevention of Atrocities) Act.
3. As per the prosecution case, the accused persons are alleged to have assaulted the victim, with a specific allegation attributed to Jagat Ram.
Patna High Court CR. APP (SJ) No.3769 of 2024(3) dt.11-11-2025 2/3
4. Learned counsel for the appellant submits that the allegations made in the F.I.R. are general and omnibus in nature, and the appellant has been falsely implicated in this case. It is further submitted that no offence under the provisions of the S.C./S.T. (Prevention of Atrocities) Act is made out against the appellant. Hence, the application for anticipatory bail is maintainable. He further relies upon the judgments of the Hon'ble Supreme Court in the cases of Kiran Vs. Rajkumar Jivraj Jain and Anr., reported in 2025 INSC 1067, and Hitesh Verma Vs. State of Uttarakhand, reported in (2020) 10 SCC 710.
5. Learned counsel for the State has opposed the prayer for bail.
6. From a perusal of the FIR, it does not appear that the alleged offence was committed against the informant on the ground that he belongs to the S.C./S.T. community.
7. In these circumstances, and considering the law laid down by the Hon'ble Supreme Court in Kiran Vs. Rajkumar Jivraj Jain and Anr. (supra) and Hitesh Verma Vs. State of Uttarakhand (supra), this application for anticipatory bail is held to be maintainable.
8. Considering the aforesaid facts and circumstances,
Patna High Court CR. APP (SJ) No.3769 of 2024(3) dt.11-11-2025 3/3 this appeal is allowed, and accordingly, the order dated 22.07.2024 passed by the learned 1st Additional Sessions Judgecum-Special Judge, S.C./S.T. Act, Sheikhpura in connection with Barbigha P.S. Case No. 450 of 2023 is set aside.
9. Let the appellant, in the event of his arrest or surrender within four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned 1st Additional District and Sessions Judge-cumSpecial Judge, S.C./S.T. Act, Sheikhpura/ concerned Court below in connection with Barbigha P.S. Case No. 450 of 2023, subject to the conditions laid down under Section 438(2) of the Code of Criminal/ Section 482(2) of the B.N.S.S. (Sandeep Kumar, J) Neha/- U T