Shiv Kant Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4468 of 2023 Arising Out of PS. Case No.-261 Year-2023 Thana- BARBIGHA District- Sheikhpura ====================================================== SHIV KANT KUMAR S/O GOPAL RAM R/O VILLAGE- VIRPUR, P.SBARBIGHA, DISTT.- SHEIKHPURA. ... ... Appellant/s
Versus
1.
The State of Bihar 2.
MAMTA DEVI W/O SANTUR RAVIDAS R/O VILLAGE- KESHLI CHAK, P.S- BARBIGHA, DISTT.- SHEIKHPURA.
... ... Respondent/s ====================================================== Appearance :
For the Appellant :
Dr. Anjani Pd. Singh, Advocate For the State :
Ms. Usha Kumari 1, Spl.PP For Respondent No. 2 :
N o n e ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-07-2025 Heard learned counsel appearing for the appellant and learned Spl.P.P. appearing on behalf of the State.
2. Despite valid service of notice, no one appears on behalf of the informant/Respondent No. 2.
3. This appeal has been filed for setting aside order dated 29.08.2023 passed in a case registered for the offence punishable under Sections 279, 337, 147, 149, 341, 323, 427 and 504 of the Indian Penal Code and Sections 3(i)(r)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of the appellant has been rejected.
4. As per prosecution case, informant, namely Manta
Patna High Court CR. APP (SJ) No.4468 of 2023(4) dt.10-07-2025 2/3 Devi, alleged that on 25.06.2023, while she was standing with her daughter, in the meantime, this appellant dashed her daughter with his motorcycle as a result of which she sustained injuries and upon protest, all the accused persons named in the F.I.R., including this appellant, abused her by caste name and assaulted her with lathi and pistol.
5. It is submitted by learned counsel appearing on behalf of the appellant that appellant is quite innocent and has committed no offence. As a matter of fact, the appellant was crossing the road on his motorcycle and on the way, daughter of informant had slipped down by her own due to which she sustained injuries and thereafter, it was informant and her family members who abused this appellant and his family members. Injuries sustained by the injured are simple in nature. It is not the case of the prosecution that any member of public was present at the place of occurrence and as such, no case under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act is made out against the appellant.
6. On the other hand, learned Spl.P.P. appearing on behalf of the State has vehemently opposed this appeal.
7. Considering the facts and circumstances of the case, general and omnibus nature of accusation and nature of
Patna High Court CR. APP (SJ) No.4468 of 2023(4) dt.10-07-2025 3/3 injuries sustained by the injured, this appeal is allowed and the impugned order dated 29.08.2023 passed by the learned Additional District and Sessions Judge-I, Sheikhpura in connection with A.B.P. No. 701 of 2023 arising out of Barbigha P.S. Case No. 261 of 2023 is hereby set aside with respect to this appellant only.
8. Accordingly, let the appellant, 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) with two sureties of the like amount each to the satisfaction of learned 1st Additional District and Sessions Judge, Sheikhpura in connection with Barbigha P.S. Case No. 261 of 2023. (Prabhat Kumar Singh, J) shashank/- U T