Patna High Court
Abhishek KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The appeal is allowed and the order rejecting anticipatory bail is set aside, granting bail to the appellants subject to stipulated conditions.
Summary
The appellants, Abhishek Kumar and Rohit Kumar, were charged under multiple sections of the BNS, the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and the Arms Act for allegedly abusing an informant on caste grounds, tearing her clothes, firing weapons and threatening her family. They sought anticipatory bail, which was initially rejected. The appellants contended that the incident was a clash over a DJ dispute, the alleged injuries were minor, no public was present and therefore the SC/ST Act was inapplicable. The Special Public Prosecutor and the respondent opposed bail. The Patna High Court allowed the appeal, set aside the order rejecting anticipatory bail, and directed that the appellants be released on bail upon furnishing a bond of Rs.10,000 each with two sureties, within eight weeks of the order. The court emphasized that the allegations under the SC/ST Act were not substantiated.
Issues considered
- Whether anticipatory bail should be granted to the appellants under the charged offences.
- Whether the facts alleged constitute an offence punishable under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
- Whether the bail conditions imposed are appropriate given the nature of the alleged offences.
Legislation cited
- Arms Act — s. 27
- BNS — s. 109, 115(2), 329(3), 329(4), 3(5), 351(2), 352, 76
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(s), 3(1)(w), 3(2)(v), 3(i)(d)
Subjects
- anticipatory bail
- SC/ST Act
- assault
- caste harassment
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1215 of 2026
Arising Out of PS. Case No.-21 Year-2026 Thana- MANER District- Patna
======================================================
1. Abhishek Kumar S/o Shivshankar Singh Resident of - Ramnagar Tajpur, P.S
- Maner, District - Patna
2. Rohit Kumar @ Rohit Raj S/o Doshi Kumar @ Doshi Singh R/o Village -
Tajpur Rasulpur, P.S - Maner, District - Patna
... ... Appellant/s
Versus
1. The State of Bihar
2. Parvati Devi W/o Jasar Nat R/o - Sakin Padeypur Tilhari, P.S - Maner,
District - Patna
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Siddharth Harsh, Advocate
For the Respondent/s : Mr. Binay Krishna, Spl. PP
For informant : Mr. Vikalp, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 14-05-2026 Heard learned counsel for the parties.
2. This appeal has been filed for setting aside order
dated 12.03.2026 passed in a case registered for the offence
punishable under sections 329(3), 329 (4), 115 (2), 76, 109, 352,
351 (2) and 3(5) of BNS and sections 3(i)(d), 3(1)(s), 3(1)(w), 3
(2) (v) of Scheduled Castes and Scheduled Tribes Act and 27 of
Arms Act, whereby the prayer for anticipatory bail of the
appellant has been rejected.
Patna High Court CR. APP (SJ) No.1215 of 2026(3) dt.14-05-2026
2/3
3. As per F.I.R. informant alleged that on 07.01.2026 ,
accused persons came and abused informant by caste name, tore
her clothes and also misbehaved with family members of
informant. It is further alleged that accused persons started
firing and also threatened with dire consequences.
4. It is submitted on behalf of appellants that clash
took place between both the parties over dispute with regard to
playing D.J. Allegation of assault is general and omnibus
against these appellants. Rest of the allegations are ornamental
in nature to make the case grave. Injuries sustained by the
injured are simple in nature . It is not the case of the prosecution
that any member of public was present at the time of incident,
as such, no case under SC/ST Act is made out.
5. Learned special Public Prosecutor as well as
learned counsel for respondent No. 2 opposed the bail.
6. Considering the aforesaid facts, this appeal is
allowed 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 learned Exclusive special
Patna High Court CR. APP (SJ) No.1215 of 2026(3) dt.14-05-2026
3/3
Judge , SC/ST Act, Civil Court ( Sadar ) Patna in connection
with Maner Police Station Case No. 21 of 2026 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.