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Patna High Court

Mannu Sao @ Mannu SawversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

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is set aside for appellants 7‑9 and bail is granted to them, while the applications of appellants 1‑4 are dismissed as withdrawn and they are protected from arrest for two weeks.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 Bail applications of appellants 5 and 6 had already been withdrawn.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  • Whether the anticipatory bail applications of appellants 1‑4 can be withdrawn and dismissed pending an injury report.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

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
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          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
                                                           4/4




                        in the next two weeks.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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