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2025 DAILYLAW 92216 (PAT)

Kunal Kumar Singh @ Kunal Singh @ Kunal Kr. Yadav v. The State of Bihar

CR. APP (SJ)/4344/2024 · 2025-11-12

Purnendu Singh

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.4344 of 2024 Arising Out of PS. Case No.-89 Year-2024 Thana- DAUDPUR District- Saran ====================================================== 1. Kunal Kumar Singh @ Kunal Singh @ Kunal Kr. Yadav S/O Late Sunil Singh 2. Ajay Kumar Yadav S/O Vidya Yadav 3. Santosh Yadav @ Santosh Kr. Yadav S/O Suresh Yadav 4. Kundan Kumar Yadav S/O Dalan Yadav 5. Pawan Kumar @ Pawan Kr. Yadav S/O Sri Ram Yadav 6. Umesh yadav @ Umesh Kr. Yadav S/O Uma Shankar Yadav All are Resident of Village- Sarkhelpar, P.S- Daudpur, Distt.- Saran. ... ... Appellant/s Versus 1. The State of Bihar 2. Mithlesh Kumar Ram S/O Raktu Ram R/O Village- Shitalpur, P.S- Daudpur, Distt.- Saran. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Dhananjay Mishra, Advocate For the Respondent/s : Mr. Binay Krishna, Sp. PP For OP No.2 : Ms. Rajani Kumari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 3 12-11-2025 Heard learned counsel for the appellants and learned Spl. PP for the State. 2. The appellants have preferred the appeal under Section 14(A)(2) of the SC/ST (POA) Act against the rejection of prayer for pre-arrest bail vide order dated 09.08.2024 passed by learned court of SC/ST Exclusive Special Judge, Saran at Chapra in Daudpur P.S. Case No.89/2024 registered under Sections 341, 323, 504 and 34 of the Indian Penal Code and Patna High Court CR. APP (SJ) No.4344 of 2024(3) dt.12-11-2025 2/3 Section 3(i)(r)(s) 3(2) (va) of the SC/ST Act. 3. As per the allegation made in the F.I.R., altogether 11 accused persons including the appellants is said to have assaulted the informant and they also used caste narrated words against him, while he was going to his field. 4. Learned counsel appearing on behalf of the appellants submitted that the appellants are innocent and have falsely been implicated in the present case. He further submitted that allegation is general and omnibus. No specific allegation has been made against the particular petitioners for using abusive language or taking caste name of the informant. Alleged offence though took place in public view but it is not specific. Appellants have clean antecedent. 5. Learned Spl.PP for the State has opposed the prayer for grant of bail to the appellant. 6. Having heard the rival submissions made on behalf of the parties, as well as, having perused the allegation made in the FIR, I find that general and omnibus allegation has been levelled against the appellants and so far as place of occurrence is concerned, though the same is in public view but it is not specific. The appellants, above named, who are having clean antecedents, are directed to be released on bail, in the event of Patna High Court CR. APP (SJ) No.4344 of 2024(3) dt.12-11-2025 3/3 their arrest or surrender before the learned District Court within a period of four weeks, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned District Court where the case is pending in connection with Daudpur P.S. Case No.89/2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C / 482 (2) of the BNSS. 7. Accordingly, the impugned order is set aside and appeal is allowed. Sanjay/- (Purnendu Singh, J) U T