Praveen Kumar @ Vikku Kumar @ Praveen Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.31 of 2025 Arising Out of PS. Case No.-530 Year-2024 Thana- BARUN District- Aurangabad ====================================================== Vishal Kumar Singh @ Vishal Kumar son of Upendra Singh @ Upendra Kumar Singh village- Shivnathpur, Ps- Barun, Dist- Aurangabad ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Pradeep Kumar Son of Kedar Ram village- Shivnathpur, Ps- Barun, DistAurangabad ... ... Respondent/s ====================================================== with CRIMINAL APPEAL (SJ) No. 5716 of 2024 Arising Out of PS. Case No.-530 Year-2024 Thana- BARUN District- Aurangabad ====================================================== Praveen Kumar @ Vikku Kumar @ Praveen Kumar Singh S/o- Sanjay Singh Village- Shivnathpur, P.S. Barun, Dist- Aurangabad ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Pradeep Kumar S/o- Kedar Ram Village- Shivnathpur, P.S. Barun, DistAurangabad ... ... Respondent/s ====================================================== with CRIMINAL APPEAL (SJ) No. 5748 of 2024 Arising Out of PS. Case No.-530 Year-2024 Thana- BARUN District- Aurangabad ====================================================== Raj Kishor Singh @ Raj Singh @ Unay Singh Son of Ranjeet Singh villageShivnathrpur, Ps- barun , Dist- Aurangabad ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Pradeep Kumar Son of Kedar Ram village- Shivnathrpur, Ps- barun , DistAurangabad

2/6 ... ... Respondent/s ====================================================== Appearance :

(In CRIMINAL APPEAL (SJ) No. 31 of 2025) For the Appellant/s :

Mr. Aman Vishal For the Respondent/s :

Mr. Binay Krishna (In CRIMINAL APPEAL (SJ) No. 5716 of 2024) For the Appellant/s :

Mr. Aman Vishal For the Respondent/s :

Mr. Binay Krishna (In CRIMINAL APPEAL (SJ) No. 5748 of 2024) For the Appellant/s :

Mr. Aman Vishal For the Respondent/s :

Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-11-2025 CRIMINAL APPEAL (SJ) No. 5716 of 2024

1. Heard learned counsel for the appellant and learned Special P.P. Mr. Binay Krishna and the learned counsel appearing on behalf of the informant.

2. Learned counsel appearing on behalf of the appellant submits that appellant has antecedent of one case. The learned counsel for the appellant after arguing vehemently for sometime, realizing her difficulty, seeks permission to withdraw the appeal with liberty to the appellant to surrender and seek regular bail.

3. Permission is accorded.

4. It is made clear that if the appellant surrenders and seeks regular bail, in that event, the learned District Court shall consider the case on its own merit without being prejudiced by the fact that appellant before this Court had withdrawn his

3/6 appeal.

CRIMINAL APPEAL (SJ) No. 5748 of 2024

1. Heard learned counsel for the appellant and learned Special P.P. Mr. Binay Krishna and the learned counsel appearing on behalf of the informant.

2. Learned counsel appearing on behalf of the appellant submits that appellant has antecedent of four cases. The learned counsel for the appellant after arguing vehemently for sometime, realizing her difficulty, seeks permission to withdraw the appeal with liberty to the appellant to surrender and seek regular bail.

3. Permission is accorded.

4. It is made clear that if the appellant surrenders and seeks regular bail, in that event, the learned District Court shall consider the case on its own merit without being prejudiced by the fact that appellant before this Court had withdrawn his appeal.

CRIMINAL APPEAL (SJ) No.31 of 2025

1. Heard learned counsel for the appellant, learned Special P.P. Mr. Binay Krishna and the learned counsel appearing on behalf of the informant.

2. This is an appeal under Section 14-A(2) of the

4/6 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 29.11.2024 in A.B.P. No. 2591/2024, passed by the learned Special Judge, SC/ST Act -cum-Additional Sessions Judge-I, Aurangabad in connection with Barun P.S. Case No.530/2024, registered under Sections 126(2), 115(2), 109, 303(2), 117(2), 351(2), 352 of the B.N.S. as well as Sections 3(1)(r), 3(1)(s), 3(2)(va) of the SC/ST (POA) Act.

3. Learned counsel for the appellant submits that appellant is a person with clean antecedent and the informant alleges that his brother Sunil on 10.11.2024 at 6.00 P.M. had gone for a walk, when he was intercepted by Praveen, Raj, Vishal and Basant who assaulted him with sharp edged weapon, rod, knife and abused by taking caste name, further on account of assault, both hands of his brother was fractured and he also received injury on head and legs, further the accused fled thinking his brother dead, thereafter the informant received information about the occurrence and accordingly, came to the place of occurrence and admitted the injured in Sadar Hospital, Aurangabad. It is also alleged that the accused snatched chain of his brother and they always abused them.

5/6

4. Learned counsel for the appellant submits that appellant has been falsely implicated in the instant case by the informant in order to coerce other accused into submission. It is next submitted that appellant was not even present at the place of occurrence as he works at Jamshedpur. It is next submitted that Praveen and Raj Kishor had also gone for a walk where the brother of the informant had an altercation, on account of which both side assaulted each other but then the appellant also came to be implicated as he and his family always side with the family of other named accused persons.

5. Learned Special Public Prosecutor and the learned counsel appearing on behalf of the informant opposes the prayer for anticipatory bail of the appellant.

6. Considering the submission of the learned counsel for the appellant, the order impugned is set aside. Let the appellant, namely, Vishal Kumar Singh @ Vishal Kumar, in the event of his arrest or surrender before the learned Court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with the

6/6 aforesaid case, subject to the condition as laid down under Section 482(2) of the BNSS.

7. Accordingly, the impugned order is set aside and this appeal stands allowed.

(Satyavrat Verma, J) amit/- U T