Ajit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4022 of 2025 Arising Out of PS. Case No.-152 Year-2024 Thana- LALGANJ District- Vaishali ====================================================== Ajit Kumar S/o Sanjay Rai R/o Village- Sarariya, P.S.- Lalganj, DistrictVaishali ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Naresh Paswan S/o Late Raghunath Paswan R/o Village- Kamalpur, P.S.- Lalganj, District- Vaishali ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Shyameshwar Kumar Singh For the Respondent/s :

Ms.Usha Kumari 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-05-2026 1.

Heard learned counsel for the appellant and learned Spl. P.P. for the State, Ms. Usha Kumari No. 1. 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 regular bail vide order dated 2-92025 passed by the learned Exclusive Special Judge S.C./S.T. (POA) Act, Vaishali at Hajipur in connection with Lalganj P.S. Case No. 152 of 2024 registered for the offences punishable under Sections 365, 302, 120B, 201 and 34 of the Indian Penal Code as well as Sections 3(2)(v)(va) of the SC/ST Act. 3.

In compliance of the order dated 17-4-2026, the informant along with the SHO and the Investigating Officer of the case are present in the court.

4.

Learned counsel for the appellant submits that the

Patna High Court CR. APP (SJ) No.4022 of 2025(7) dt.08-05-2026 2/3 appellant is a person with clean antecedent and surrendered on 20-8-2025. It is next submitted that in sum and substance the allegation in the FIR is that informant alleges that on 6-6-2024 at 7:30 pm his son Uma Kant went missing and his phone was switched off.

5.

Learned counsel for the appellant submits that the FIR was against unknown and during the course of investigation it transpired that Uma Kant used to talk to one Aarti, who was using the sim of Ajit (petitioner). It is next submitted that it also transpired in the investigation that Aarti was friend of Anshu (sister of Ajit) and Anshu had given the sim of Ajit to Aarti. It is further submitted that it also transpired that Aarti was in touch with Shravan, Nitesh and Birendra and they used to convince Aarti not to talk to Uma Kant for the reason that he is already married and concealing the said fact, he was taking her for a ride, but then Aarti did not listen to Shravan, Nitesh and Birendra.

It is next submitted that the aforesaid three accused convinced Aarti for calling Uma Kant to the place of occurrence and when Uma Kant came to the place of occurrence on call of Aarti, the aforesaid three accused persons assaulted him leading to his death. It is also submitted that Aarti has been arrested and the aforesaid facts have come in her confession.

Patna High Court CR. APP (SJ) No.4022 of 2025(7) dt.08-05-2026 3/3 manner except his sister without his knowledge had given the sim registered in his name to Aarti.

6.

Learned Spl. P.P. for the State based on instruction of the SHO and the Investigating Officer, does not dispute the submissions made by learned counsel appearing on behalf of the appellant.

7.

The Investigating Officer of the case, who is present in the Court, also concurs with the submission made by learned counsel appearing on behalf of the informant. 8.

Regard being had to the aforesaid submissions, the order dated 2-9-2025 is set-aside. The appeal stands allowed. 9.

The appellant, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum 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/successor court in connection with Lalganj P.S. Case No. 152 of 2024.

10.

The personal appearance of the SHO and the Investigating Officer of the case is dispensed with. (Satyavrat Verma, J) Sumit/- U T