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Patna High Court

Abhishek KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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


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