Patna High Court
Chintu MaliversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The appeal is allowed and the order rejecting bail is set aside, granting bail to the appellants.
Summary
The appellants Chintu Mali and Bhulayee Mali appealed against the Additional Sessions Judge's order rejecting their bail application in a case arising from FIR No. 536 of 2025, which alleged assault with an iron rod and caste-based abuse under several sections of the Bihar Non‑Compulsory Act and the SC/ST (Prevention of Atrocities) Act. The appellants, who had been in custody since 19‑02‑2026, claimed innocence and false implication. The State opposed bail, citing the seriousness of the offences. The Patna High Court, after considering the facts and the nature of the allegations, set aside the lower court's order and granted bail on condition of a Rs.10,000 bond with two sureties. The court ordered the release of the appellants pending trial.
Issues considered
- Whether the lower court erred in refusing bail to the accused under Sections 126(2), 115(2), 109(1), 352, 3(5) of the Bihar Non‑Compulsory Act and Sections 3(1)(r)(s), 3(2)(va) of the SC/ST (Prevention of Atrocities) Act.
- Whether the nature of the alleged caste‑based assault justifies denial of bail under the prevailing legal standards.
Legislation cited
- SC/ST (Prevention of Atrocities) Act — s. 3(1)(r)(s), 3(2)(va)
Subjects
- bail
- SC/ST Act
- caste violence
- assault
- criminal procedure
- appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1442 of 2026
Arising Out of PS. Case No.-536 Year-2025 Thana- LAURIA District- West Champaran
======================================================
1. Chintu Mali Son of Late Doma Manjhi @ Doma Bhagat Resident of village-
Gobraura, Ps- Lauriya, Dist- West Champaran
2. Bhulayee Mali @ Amaresh Bhagat Son of Sri Lala Bhagat Resident of
village- Gobraura, Ps- Lauriya, Dist- West Champaran
... ... Appellant/s
Versus
1. The State of Bihar bihar
2. Resal Kumar @ Raushan Kumar son of Sri Madan Ram Resident of village-
Nawalpur, Ward no. 05, Ps- Nawalpur, Dist- West Champaran
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Sharad Kumar Verma
For the Respondent/s : Mr.Sadanand Paswan
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 23-04-2026 Heard the parties.
2. The instant appeal has been filed by the appellants
against the order dated 13.03.2026 passed by the learned
Additional Sessions Judge-1-cum-the Special Judge under
SC/ST Act, West Champaran, Bettiah whereby the bail
application of the appellant in connection with Bail Petition No.
656 of 2026 arising out of Lauriya P.S. FIR No. 536 of 2025
registered for the offence under Sections 126(2), 115(2), 109(1)
352 and 3(5) of the BNS and under Sections 3(1)(r)(s), 3(2)(va)
of SC/ST (POA) Act, was rejected.
3. The appellants and others are said to have assaulted
Patna High Court CR. APP (SJ) No.1442 of 2026(2) dt.23-04-2026
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the informant by iron rod and have abused by taking caste name.
4. The appellant is in custody since 19.02.2026.
5. Learned counsel for the appellants has submitted
that the appellants are innocent and have falsely been implicated
in this case.
6. Learned Special P.P. for the State has vehemently
opposed the prayer for grant of bail to the appellant.
7. Considering the facts of the case and also
considering the nature of allegation levelled against the
appellants, this application is allowed and accordingly, the order
dated 13.03.2026, is hereby set aside.
8. Let the appellants be released on bail upon
furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand)
with two sureties of the like amount each to the satisfaction of
Court below/concerned Court in connection with Lauriya P.S.
FIR No. 536 of 2025.
(Sandeep Kumar, J)
Vikas/-
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