IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2505 of 2025 Arising Out of PS. Case No.-57 Year-2025 Thana- KATRA District- Muzaffarpur ====================================================== Abhishek Kumar Son of Lakshman Paswan Resident of village - Bakhari Gatoli, Ps- Katra, Dist- Muzaffarpur ... ... Appellant/s Versus 1. The State of Bihar 2. Bishwanath Manjhi son of Bhola Manjhi village- Dargah, Ps- Katra, Dist- Muzaffarpur ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Manoj Kumar, Adv. For the Respondent/s : Mr. Sadanand Paswan, Spl. PP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 4 22-01-2026 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State. 2. The instant appeal has been filed by the appellant against the order dated 17.04.2025 passed by learned Special Judge, SC/ST (POA) Act, Muzaffarpur whereby the prayer for bail of the appellant in connection with Katra P.S. Case No. 57 of 2025 under Sections 191(2), 191(3), 109, 303, 324(4), 126(2), 115(2), 351(2), 351(4) of B.N.S. and Sections 3(1)(r)(s) of SC/ST (POA) Act was rejected. 3. The case of the prosecution in short that when the informant along with his nephew namely, Suraj Kumar was returning home and they reached at Bakhri Gatoli, the accused Patna High Court CR. APP (SJ) No.2505 of 2025(4) dt.22-01-2026 2/3 persons namely, Vijay Sah, Mukund Kumar, Dasrath Sharma, Khobhari Sah, Sukul Tiwari, Pawan Singh along with the other 25-30 unknown persons stopped the motorcyle of the informant and snatched the said motorcycle and started assaulting them by calling thieves. When the informant said he is not a thief and his house is in musahar tola at Dargah. Thereafter, the co-accsed, Vijay Sah started assaulting and abusing him by calling their caste name and also snatched Rs. 10,000/- in cash from them. 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 the name of the appellant does not find place therein. The name of the appellant has surfaced during the course of investigation. The appellant is one amongst 25-30 unknown persons. He also submits that from the perusal of the FIR, it is clear the there is specific allegation against Vijay Sah of assaulting and abusing the informant by calling his caste name and also snatched Rs. 10,000/- cash from him. The allegation against the appellant is general and omnibus in nature and he is only a member of mob. He further submits that similarly situated other co-accused appellant namely, Kundan Kumar and Pintu Kumar have already been granted bail by the learned coordinate bench of this court vide order dated Patna High Court CR. APP (SJ) No.2505 of 2025(4) dt.22-01-2026 3/3 04.09.2025 passed in Cr. APP(SJ) No. 1889 of 2025. The case of this appellant stands on similar footing. Moreover, the appellant is languishing in judicial custody since 29.03.2025. 5. The appeal for bail is opposed by learned Spl. P.P. for the State. 6. Having heard learned counsel for the parties and taking into consideration that there is no any specific overt act against the appellant, the Court is inclined to allow this appeal. Accordingly, the appeal is allowed and the impugned order dated 17.04.2025 is hereby set aside. 7. The appellant is directed to be enlarged on bail in connection with Katra P.S. Case No. 57 of 2025 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 Special Judge, SC/ST (POA) Act, Muzaffarpur. Sudhanshu/- (Ashok Kumar Pandey, J) U T