Patna High Court
Nagendra Kumar PankajversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The appeal is allowed and the order denying anticipatory bail is set aside, with bail granted to the appellants upon furnishing the prescribed bond.
Summary
The appellants, Nagendra Kumar Pankaj, Kundan Kumar and Ganesh Kumar, were charged under multiple sections of the Bihar Narcotic Substances Act, the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and the Arms Act for allegedly assaulting and threatening an informant on 12 November 2024, including caste-based abuse and theft of property. The trial court had denied their anticipatory bail application. The appellants contended that the allegations were vague, omnibus in nature, and that they were falsely implicated due to political rivalry, further asserting that a joint compromise had been reached between the parties. The State opposed the bail, relying on the seriousness of the offences. The Patna High Court, noting the lack of specific overt acts attributed to the appellants and the existence of a compromise, set aside the trial court’s order and allowed the appeal, directing that the appellants be released on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the appellants are entitled to anticipatory bail despite charges under the SC/ST (Prevention of Atrocities) Act and the Arms Act.
- Whether a general and omnibus accusation without specific overt acts is sufficient to sustain the bail denial.
- Whether a compromise between the parties affects the continuance of criminal proceedings under the SC/ST Act.
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act — s. 115(2), 126(2), 303(2), 3(5), 351(2), 352
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(i), 3(r), 3(s)
Subjects
- anticipatory bail
- SC/ST Act
- Arms Act
- caste-based assault
- criminal compromise
- general and omnibus accusation
- bail jurisdiction
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1188 of 2025
Arising Out of PS. Case No.-625 Year-2024 Thana- BELAGANJ District- Gaya
======================================================
1. Nagendra Kumar Pankaj Son of Babu Chand Yadav Ex Mukhiya,Resident of
Village- Raghuwar Bigha, Police Station- Belaganj, District- Gaya, Bihar.
2. Kundan Kumar@Kundan Kumar Pankaj Son of Nagendra Kumar Pankaj
Resident of Village- Raghuwar Bigha, Police Station- Belaganj, District-
Gaya, Bihar.
3. Ganesh Kumar Yadbendu Son of Laxman Yadav Resident of Village-
Raghuwar Bigha, Police Station- Belaganj, District- Gaya, Bihar.
... ... Appellant/s
Versus
1. The State of Bihar
2. Agnesh Kumar S/o Rajendra Ram @ Rajendra Kumar Resident of Village-
Salepur, P.S.-Belangaj, District- Gaya, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Appellants : Mr. Sunil Kumar Yadav, Advocate
For the State : Mr. Sadanand Paswan, Spl.PP
For the Informant : None
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 16-04-2026 Heard learned counsel appearing for the appellants
and learned Special Public Prosecutor appearing for the
respondent-State.
2. Despite valid service of notice, no body appears on
behalf of the informant/Respondent No. 2.
3. This appeal has been filed for setting aside order
dated 06.02.2025 passed in a case registered for the offence
punishable under Sections 126(2), 115(2), 303(2), 352, 351(2)
and 3(5) of the B.N.S., Section 3(i)(r)(s) of the Scheduled
Patna High Court CR. APP (SJ) No.1188 of 2025(5) dt.16-04-2026
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Castes and Scheduled Tribes (Prevention of Atrocities) Act and
Section 27 of the Arms Act, whereby the prayer for grant of
anticipatory bail of these appellants has been rejected.
4. As per prosecution case, on 12.11.2024 at about
7:30 PM, as soon as the informant/Respondent No. 2 reached
near Amjhar Village, all these appellants, along with 8 to 10
unknown persons, abused him with caste name, assaulted him
and also snatched his booth packet of Amjhar Village and gold
chain and also threatened to kill him.
5. It is submitted by learned counsel appearing on
behalf of the appellants that appellants are quite innocent and
have committed no offence. Appellants have falsely been
implicated in this case due to political rivalry. Allegation of
assault and abuse by caste name is general and omnibus and no
specific accusation of overt act has been alleged against these
appellants. Moreover, during pendency of this appeal, the case
has already been compromise between the parties a joint
compromise petition duly signed by both the sides has also been
filed, copy of which is Annexure-A/2 to this appeal. It is further
submitted that it is not the case of the prosecution that any
member of public was present at the place of occurrence and as
such, no case under the Scheduled Castes and Scheduled Tribes
Patna High Court CR. APP (SJ) No.1188 of 2025(5) dt.16-04-2026
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(Prevention of Atrocities) Act is made out against these
appellants.
6. Learned Spl. P.P. appearing for the respondent-State
has opposed the prayer for grant of bail to the appellants.
7. Considering the facts and circumstances of the
case, general and omnibus nature of accusation and compromise
between the parties, this appeal is allowed and the impugned
order dated 06.02.2025 passed by the learned Exclusive Special
Judge, S.C./S.T. (POA) Act, Gaya in connection with A.B.P. No.
387 of 2024 arising out of Belaganj P.S. Case No. 625 of 2024 is
hereby set aside with respect to these appellants only.
8. Accordingly, 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
learned Exclusive Special Judge, S.C./S.T. (POA) Act, Gaya in
connection with Belaganj P.S. Case No. 625 of 2024.
(Prabhat Kumar Singh, J)
shashank/-
U T
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