CR. APP (SJ)/850/2026 of Laipit Jha @ Lopit Jha Vs The State of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.850 of 2026
Arising Out of PS. Case No.-22 Year-2026 Thana- KUSHESHWARASTHAN District-
Darbhanga
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Laipit Jha @ Lopit Jha S/O Late Ram Swaroop Jha R/O Vill.- Harinagar, P.S.-
Kusheshwar Asthan, Dist.- Darbhanga.
... ... Appellant/s
Versus
1. The State of Bihar
2. Asharfi Paswan S/O Late Saryug Paswan R/O Vill.- Harinagar, P.S.-
Kusheshwar Asthan, Dist.- Darbhanga.
... ... Respondent/s
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Appearance :
For the Appellant/s : Ms. Mili Kumari, Advocate
For the Respondent/s : Mr.Usha Kumari 1, Spl.P.P.
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CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 19-03-2026 Heard learned counsel for the appellant, learned
Special Public Prosecutor for the State and learned counsel for
the respondent.
2. The instant appeal has been filed by the appellant
against the order dated 18.02.2026 passed by learned Exclusive
Special Judge, SC/ST (POA) Act, Darbhanga whereby the
prayer for bail of the appellant in connection with
Kusheshwarsthan P.S. Case no. 22 of 2026 under Sections
126(2), 115(2), 109(1), 118(1), 118(2), 117(2), 74, 303(2),
324(5), 329(4), 191(2), 191(3), 190, 61(2) of B.N.S. and
Sections 3(1) (r), 3(i), (s), (2) (v) 3(2) (v) of SC/ST (POA) Act
was rejected.
Patna High Court CR. APP (SJ) No.850 of 2026(2) dt.19-03-2026
2/3
3. The case of the prosecution is that the wages of
respondent’s son was remaining in one Hemkant Jha and on this
score, there was dispute. On 01.0.2026, the son of the
respondent was returning after purchasing vegetables. It is
alleged that the appellant along with other 69 named persons
and 100-150 unknown persons assaulted the son of the
respondent with rod, farsa, dabiya and brick. It is further alleged
that he was being abused with the caste name. It is further
alleged that Foolkant Jha ordered to kill and on his order,
Hemkant Jha, Srikant Jha and others have assaulted with iron
rod on the head of the respondent’s son.
4. It is submitted by learned counsel for the appellant
that appellant has been falsely implicated in this case. From
perusal of the FIR, it is clear that seventy accused persons are
named and 100-150 accused persons are unnamed. From perusal
of the injury report of the Vikram Paswan, it appears that, he has
received one injury. He has further submitted that if for a
moment, it is taken that the injury received by the son of the
respondent is grievous, in that case also, the nature of allegation
is general and omnibus. There is no specific allegation against
the appellant. A statement has been made in para-3 of this
petition that the appellant has got no criminal antecedent.
Patna High Court CR. APP (SJ) No.850 of 2026(2) dt.19-03-2026
3/3
Moreover, the appellant is languishing in judicial custody since
01.02.2026.
5. The appeal for bail is opposed by learned Spl. P.P.
for the State and learned counsel for the respondent and has
submitted that in this case, a mob has assaulted the members of
the SC/ST community which is apparent from the order of the
learned trial court.
6. Having heard learned counsel for the parties and
taking into consideration tha t there is no any specific overt act
against the appellant, the Co urt is inclined to allow this appeal.
Accordingly, the appeal is allowed and the impugned order
dated 18.02.2026 is hereby set aside.
7. The appellant is directed to be enlarged on bail in
connection with Kusheshwarsthan P.S. Case No. 22 of 2026 on
furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only)
with two sureties of the like amount each to the satisfaction of
the learned Exclusive Special Judge, SC/ST (POA) Act,
Darbhanga.
shubham/-
(Ashok Kumar Pandey, J)
U T