Patna High Court
Mannu Sao @ Mannu SawversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SANDEEP KUMAR
Holding
The appeal is partly allowed; the order of the Special Judge is set aside for appellants 7‑9 and bail is granted to them, while the applications of appellants 1‑4 are dismissed as withdrawn and they are protected from arrest for two weeks.
Summary
The appeal challenges the order of the Exclusive Special Judge‑cum‑Special Judge, SC/ST Act, Gaya, which had rejected anticipatory bail applications of several accused in a case registered under multiple sections of the Bihar Narcotic Substances Act and the SC/ST (Prevention of Atrocities) Act. The appellants numbered 1‑4 sought to withdraw their anticipatory bail applications pending the submission of an injury report; the court permitted the withdrawal and dismissed those applications, allowing them to file fresh bail applications later. Bail applications of appellants 5 and 6 had already been withdrawn. For appellants 7‑9, the court found that the allegations were general and no specific offence under the SC/ST Act was established, and therefore set aside the lower court’s order and granted bail subject to conditions under CrPC §438(2) and BNSS §482(2). The court also directed the investigating officer to obtain the injury report within two weeks and ordered that appellants 1‑4 not be arrested for the next two weeks. The appeal was partly allowed.
Issues considered
- Whether the anticipatory bail applications of appellants 1‑4 can be withdrawn and dismissed pending an injury report.
- Whether the order rejecting bail for appellants 7‑9 can be set aside on the ground that no specific offence under the SC/ST (Prevention of Atrocities) Act is made out.
- Whether bail may be granted under Section 438(2) of the CrPC and Section 482(2) of the Bihar Narcotic Substances Act.
- Whether appellants 1‑4 can be arrested during the period before a fresh bail application is filed.
Legislation cited
- Bihar Narcotic Substances Act — s. 109, 115(2), 117(2), 126(2), 303(2), 3/5, 351(2), 482(2), 74
- Code of Criminal Procedure, 1973 — s. 438(2)
- SC/ST (Prevention of Atrocities) Act — s. 3(1)(r)(w), 3(2)(v)
Subjects
- anticipatory bail
- withdrawal of bail application
- SC/ST Act
- Bihar Narcotic Substances Act
- injury report
- special judge
- CrPC §438
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1191 of 2025
Arising Out of PS. Case No.-360 Year-2024 Thana- MOHANPUR District- Gaya
======================================================
1. Mannu Sao @ Mannu Saw S/O Late Charitar Sao R/O Village- Chuanwar,
P.S.- Mohanpur, Dist.- Gaya
2. Pappu Sao @ Pappu Kumar S/O Late Ramu Sao R/O Village- Chuanwar,
P.S.- Mohanpur, Dist.- Gaya
3. Chotu Sao @ Chhotu Sao S/O Late Ramu Sao R/O Village- Chuanwar, P.S.-
Mohanpur, Dist.- Gaya
4. Chandan Kumar S/O Late Ramu Sao R/O Village- Chuanwar, P.S.-
Mohanpur, Dist.- Gaya
5. Vikram Sao @ Vikram Kumar S/O Gowardhan Sao R/O Village- Chuanwar,
P.S.- Mohanpur, Dist.- Gaya
6. Puja Devi @ Putul Devi W/O Pintu Sao R/O Village- Chuanwar, P.S.-
Mohanpur, Dist.- Gaya
7. Puja Devi W/O Pappu Sao R/O Village- Chuanwar, P.S.- Mohanpur, Dist.-
Gaya
... ... Appellant/s
Versus
1. The State of Bihar Patna
2. Rajkumar Chaudhary S/O Late Keshar Chaudhary R/O Village- Chuanwar,
P.S.- Mohanpur, Dist.- Gaya
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Nand Kishor Sinha, Advocate
Mr.Vijay Kumar, Advocate
For the Respondent/s : Mr.Binay Krishna, Spl.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 12-03-2026 Heard the parties.
2. This appeal is preferred against the order dated
13.02.2025 passed by the learned Exclusive Special Judge-cum-
Special Judge, SC/ST Act, Gaya in connection with Mohanpur
P.S. Case No. 360 of 2024 registered for the offence under
Sections 126(2), 115(2), 117(2), 109, 303(2), 74, 351(2), 3/5 of
Patna High Court CR. APP (SJ) No.1191 of 2025(3) dt.12-03-2026
2/4
the BNS and under section 3(1)(r)(w), 3(2)(v) of S.C/S.T.
(POA) Act by which anticipatory bail filed by the appellants
has been rejected.
3. The allegation against the appellant nos. 1, 2, 3 and
4 is of assault and the injury report is awaited.
4. Learned counsel for the appellants seeks permission
to withdraw the application on behalf of appellant nos. 1, 2, 3
and 4.
5. Permission is accorded.
6. Their application stands dismissed as withdrawn
with liberty to the appellant nos. 1, 2, 3 and 4 to file a fresh bail
application in this Court after the injury report is made
available.
7. The bail application of appellant nos. 5 and 6 have
already been withdrawn.
8. So far as appellant nos. 7, 8 and 9 are concerned,
there is general and omnibus allegation against them and no
offence under SC/ST Act is made out against them.
9. Learned counsel for the State has opposed the
prayer of the appellants
10. Considering the facts of the case and the rival
submissions of the parties, this appeal is allowed for appellant
Patna High Court CR. APP (SJ) No.1191 of 2025(3) dt.12-03-2026
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nos. 7, 8 and 9 only and accordingly, the order dated
13.02.2025 passed by the learned Exclusive Special Judge-cum-
Special Judge, SC/ST Act, Gaya in connection with Mohanpur
P.S. Case No. 360 of 2024, is hereby set aside.
11. Let the appellant nos. 7, 8 and 9, in the event of
their arrest or surrender within four weeks from today, be
released on bail on furnishing bail bonds of Rs. 10,000/-(Rupees
Ten Thousand) each with two sureties of the like amount each to
the satisfaction of the learned Exclusive Special Judge-cum-
Special Judge, SC/ST Act, Gaya /concerned Court below in
connection with Mohanpur P.S. Case No. 360 of 2024, subject
to the conditions laid down under Section 438(2) of the Code of
Criminal Procedure/482(2) of the BNSS.
12. Learned counsel for the appellants lastly submits
that in a case of the year 2024, the injury report is still awaited.
13. The I.O. of the case is directed to get the injury
report within two weeks and submit the same in the court of the
Special Judge, failing which the Special Judge will initiate
appropriate proceeding against the I.O. of the case and also
inform this Court about the same.
14. This appeal is partly allowed.
15. The appellant nos. 1, 2, 3, 4 shall not be arrested
Patna High Court CR. APP (SJ) No.1191 of 2025(3) dt.12-03-2026
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in the next two weeks.
(Sandeep Kumar, J)
tusharika/-
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