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Patna High Court

Chintu MaliversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                                       2/2




                    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/-

U


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