CR. APP (SJ)/4507/2025 of Umesh Kumar Vs The State of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4507 of 2025
Arising Out of PS. Case No.-48 Year-2025 Thana- SC/ST District- Gaya
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Umesh Kumar S/O Late Jainarayan @ Chamari Mistri R/O Village- Horma,
Beldaur, P.S- Khizersarai, Distt.- Gaya, Bihar.
... ... Appellant/s
Versus
1. The State of Bihar
2. Sitaram Choudhari S/O Late Kara Choudhari R/O Village- Horma, Beldaur,
P.S- Khizersarai, Distt.- Gaya, Bihar.
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Brijeshwar Narayan Singh, Adv.
For the Respondent/s : Mr. Binay Krishna, Spl. P.P.
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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 23-03-2026 1. Heard learned counsel for the appellant and the
learned Special P.P. Mr. Binay Krishna for the State.
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 anticipatory bail vide
order dated 23.09.2025 in A.B.P. No. 251 of 2025 passed by the
learned Exclusive Special Judge, SC/ST Act, Gaya in
connection with SC/ST P.S. Gaya Case No.48/2025, arising out
of Gaya Complaint Case No.55/2025, registered under Sections
190, 191(2), 126(2), 115(2), 303(2), 352 of the BNS and
Sections 3(1)(r)(s) of the SC/ST (POA) Act.
Patna High Court CR. APP (SJ) No.4507 of 2025(4) dt.23-03-2026
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3. Learned counsel for the appellant submits that the
appellant is a person with clean antecedent and the informant
alleges that Binod was arrested and while leaving for P.S.
ordered to kill the informant, who had implicated him in a case
relating to SC/ST, hence accused persons assaulted him.
4. Learned counsel submits that appellant has been
falsely implicated in the instant case by the informant. It is next
submitted that from perusal of the allegation as alleged in the
FIR, it would manifest that allegation of assault and abuse is not
specific rather is general and omnibus in nature.
5. Learned Special Public Prosecutor Mr. Binay
Krishna opposes and the learned counsel appearing on behalf of
the informant opposes the prayer for anticipatory bail of the
appellant but then are not in a position to rebut the submission
of the learned counsel appearing on behalf of the appellant that
allegation of assault and abuse is not specific.
6. Considering the submission of the learned counsel
for the appellant, the order impugned is set aside. Let the
appellant, above named, in the event of his arrest or surrender
within a period of six weeks from the date of receipt of the
order, be released on anticipatory bail on furnishing bail bonds
of Rs.5,000/- (rupees five thousand) with two sureties of the like
Patna High Court CR. APP (SJ) No.4507 of 2025(4) dt.23-03-2026
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amount each to the satisfaction of the learned court below where
the case is pending in connection with the aforesaid case,
subject to the conditions as laid down under Section 482(2) of
the BNSS.
7. Accordingly, the impugned order is set aside and
this appeal stands allowed.
amit/-
(Satyavrat Verma, J)
U T