Kamod Ray vs The State Of Bihar on 26 March, 2026

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Patna High Court - Orders

Kamod Ray vs The State Of Bihar on 26 March, 2026

Bench: Prabhat Kumar Singh

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CRIMINAL APPEAL (SJ) No.698 of 2024
                       Arising Out of PS. Case No.-64 Year-2023 Thana- SC/ST District- Muzaffarpur
                 ======================================================
           1.     Kamod Ray S/o Late Harichandra Ray Resident of Village- Basantpur, Ward
                  No. 04, Rajkhand, P.S- Aurai, District- Muzaffarpur
           2.     Pramod Ray S/o Late Harichandra Ray Resident of Village- Basantpur, Ward
                  No. 04, Rajkhand, P.S- Aurai, District- Muzaffarpur
                                                                            ... ... Appellants
                                                     Versus
                 The State of Bihar
                                                                          ... ... Respondent
                 ======================================================
                 Appearance :
                 For the Appellant/s      :        Mr.Suman Kumar Verma, Advocate
                 For the Respondent/s     :        Mr.Binay Krishna, Spl.P.P
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   26-03-2026

Heard leaned counsel for the appellants and the State. Inspite of valid service of notice, nobody appears on behalf of respondent No. 2.

2. This appeal has been filed for setting aside order dated 9.1.2024, passed in a case registered for the offence punishable under sections 364, 341,342, 323, 354, 504, 506/34 of the Indian Penal Code and sections 3(i)(c)(e)(f)(g)(r)(s) of the Scheduled Castes and Scheduled Tribes Act, whereby prayer for pre-arrest bail of the appellants has been rejected.

3. As per F.I.R., all the FIR named accused persons including these appellants abused the informant by caste name and assaulted him and his family members.

4. It is submitted on behalf of appellants that appellants are innocent and they have falsely been implicated in this case. As a matter of fact, appellant no.1 lodged Aurai Police Station Case No. 160/2023 for kidnapping of his daughter against the informant and others. In retaliation, this case has been lodged by the informant against appellants and others. It is Patna High Court CR. APP (SJ) No.698 of 2024(4) dt.26-03-2026 2/2 not the case of informant that alleged incident occurred within public view and as such, no case under SC/ST Act is made out against the appellant.

5. Counsel for the State opposed the prayer for bail.

6. Considering the aforesaid facts, this appeal is allowed with respect to these appellants only and the impugned order is set aside. Let the appellants, named above, in the event of arrest/surrender within a period of eight weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Special Judge SC/ST Act, Muzaffarpur in SC/ST Police Station Case No. 64/2023.




                                              (Prabhat Kumar Singh, J)
Shashi

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Patna High Court - Orders