Patna High Court
Krishna Murari @ Krishna Murari Singh @ Krishan MurariversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The High Court held that the anticipatory bail application is maintainable and set aside the order rejecting it.
Summary
The appellant Krishna Murari was charged under several sections of the Bihar Penal Code and the SC/ST (Prevention of Atrocities) Act for alleged assault and caste-based offences. He applied for anticipatory bail, which was rejected by the Special Judge. The appellant contended that he was falsely implicated and that the allegations under the SC/ST Act were vague and not specific to him. The State opposed the bail. The Patna High Court, after reviewing the FIR and submissions, found that the offence under the SC/ST Act was not clearly established and that the anticipatory bail application was maintainable. Consequently, the Court set aside the Special Judge’s order and directed that the appellant be released on bail upon furnishing bond and sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bihar Penal Code.
Issues considered
- Whether the anticipatory bail application is maintainable when the allegations under the SC/ST (POA) Act are vague and omnibus.
- Whether the FIR establishes an offence under the SC/ST (POA) Act against the appellant.
- Whether the order rejecting anticipatory bail should be set aside.
Legislation cited
- Bihar Penal Code (B.N.S.) — s. 109(1), 117(2), 3(5), 351(2), 352, 482(2)
- Code of Criminal Procedure — s. 438(2)
- SC/ST (Prevention of Atrocities) Act — s. 3(i), 3(r), 3(s)
Subjects
- anticipatory bail
- SC/ST (POA) Act
- caste-based assault
- high court appeal
- bail conditions
- FIR analysis
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1523 of 2026
Arising Out of PS. Case No.-157 Year-2025 Thana- Singhaul District- Begusarai
======================================================
Krishna Murari @ Krishna Murari Singh @ Krishan Murari S/o Balmiki
Singh @ Rambalak Singh R/o Village- Ramdiri, Akashpur, Raichiahi, PS-
Singhoul, District- Begusarai
... ... Appellant/s
Versus
1. The State of Bihar Bihar
2. Manish Kumar Paswan S/o Manoj Paswan R/o vill - Maniyarpur, P.S.-
Gataho (Ghataho), Distt.- samastipur
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Sandip Kumar Gautam
For the Respondent/s : Mr.Binay Krishna
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 12-05-2026 Heard the parties.
2. This appeal is preferred against the order dated
11.03.2026 passed by the learned Special Judge, SC/ST (POA)
Act, Begusarai in connection with Singhoul (Singhaul) P.S.
Case No. 157 of 2025 registered for the offence under Sections
109 (1), 117 (2), 352, 351 (2), 3 (5) of B.N.S. and also under
Sections 3 (i) (r) (s) of the SC/ST (POA) Act by which
anticipatory bail filed by the appellant has been rejected.
3. As per the prosecution case, the appellant and
others are accused of assaulting the victim and taking the caste
name.
Patna High Court CR. APP (SJ) No.1523 of 2026(2) dt.12-05-2026
2/3
4. Learned counsel for the appellant submits that the
appellant has been falsely implicated in the present case and no
offence under the provisions of the SC/ST Act is made out. It is
further submitted that the allegation of assault is general and
omnibus in nature and no specific allegation of assault has been
alleged against the appellant and therefore the application of the
anticipatory bail is maintainable.
5. Learned counsel for the State has vehemently
opposed the prayer of the appellant.
6. From the reading of the entire FIR it does not
appear that offence has been committed against the informant on
the ground that the informant is a member of SC/ST community
and primarily, it appears that the occurrence took place due to
some small dispute between the parties and therefore the
application of the anticipatory bail is held to be maintainable.
7. Considering the facts of the case and the rival
submissions of the parties, this appeal is allowed and
accordingly, the order dated 11.03.2026 passed by the learned
Special Judge, SC/ST (POA) Act, Begusarai in connection with
Singhoul (Singhaul) P.S. Case No. 157 of 2025 is hereby set
aside.
8. Let the appellant, in the event of his arrest or
Patna High Court CR. APP (SJ) No.1523 of 2026(2) dt.12-05-2026
3/3
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 Special Judge, SC/ST (POA) Act, Begusarai/
concerned Court below in connection with Singhoul (Singhaul)
P.S. Case No. 157 of 2025, subject to the conditions laid down
under Section 438(2) of the Code of Criminal Procedure 482(2)
of the BNSS.
(Sandeep Kumar, J)
Vikas/-
U
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