Patna High Court
Amit KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The appeal is allowed and bail is granted, setting aside the lower court's order denying bail.
Summary
The appellant, Amit Kumar, was charged under the Bharatiya Nyaya Sanhita, 2023 (Sections 103(1) & 3(5)) and the SC/ST (Prevention of Atrocities) Act (Sections 3(1)(r)(s) & 3(2)(va)) for allegedly assaulting the husband of the informant, leading to his death. The informant alleged that the accused brought her husband home claiming an accident, but he later died, prompting suspicion of foul play. The appellant contended that the FIR was vague, no specific allegation named him, there were no eyewitnesses, and he had not made any caste-based remarks, thus no offence under the SC/ST Act. The Special Public Prosecutor opposed bail, but the Patna High Court, noting the lack of concrete material and the appellant's custody period, allowed the appeal, set aside the lower court's order, and granted bail upon furnishing a bond. The court clarified that its observations were prima facie and not a determination on the merits of the underlying criminal case.
Issues considered
- What is the adequacy of the material in the FIR to justify denial of bail under the Bharatiya Nyaya Sanhita and the SC/ST Act?
- Whether the appellant's alleged conduct constitutes an offence under Sections 3(1)(r)(s) & 3(2)(va) of the SC/ST (Prevention of Atrocities) Act.
- Whether bail should be granted pending trial in view of the appellant's custody period and lack of specific evidence.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5)
- SC/ST (Prevention of Atrocities) Act — s. 3(1)(r)(s), 3(2)(va)
Subjects
- bail
- SC/ST Act
- criminal procedure
- presumption of innocence
- caste-based offence
- high court
- appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.183 of 2026
Arising Out of PS. Case No.-96 Year-2025 Thana- MESKAUR District- Nawada
======================================================
Amit Kumar Son of Manoj Singh Resident of Village- Dhobni PS -Meskour,
Dist- Nawada
... ... Appellant/s
Versus
1. The State of Bihar
2. Jayanti Devi W/o Late Satyendra Manjhi @ Sabinder Manjhi R/o Village-
Dhobni, PS- Meskour, District- Nawada
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Amit Ranjan
For the Respondent/s : Mr. Binay Krishna
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 02-04-2026 Heard learned counsel for the appellant, and learned
Special Public Prosecutor for the State.
2. The instant appeal has been filed by the appellant
against the order dated 15.12.2025 passed by learned Exclusive
Special Judge-cum-Special Court, SC/ST (PoA) Act, Nawada
whereby the prayer for bail of the appellant in connection with
Meskaur PS Case No. 96 of 2025 instituted under Sections
103(1) & 3(5) of the Bharatiya Nyaya Sanhita, 2023 and
Sections 3(1)(r)(s) & 3(2)(va) of SC/ST Act was rejected.
3. The informant alleged that on 09.05.2025, the
accused brought her injured husband home at midnight, stating
that he had fallen into a ditch and received treatment at a clinic.
Patna High Court CR. APP (SJ) No.183 of 2026(3) dt.02-04-2026
2/3
The next morning, when he complained of severe head pain, she
took him to the PHC where he was declared dead. Believing the
explanation to be false, the informant suspects that the accused
persons assaulted her husband, causing his death.
4. Learned counsel for the appellant submits that the
appellant is innocent and has falsely been implicated in the
present case. There is no specific allegation against the appellant
even from perusal of the FIR, rather the same is general and
omnibus in nature. The deceased has not taken the name of the
appellant. Except suspicion, there is no material against the
appellant. There is no eyewitness to the occurrence. It is further
submitted that the appellant has not taken the caste name of the
informant in public view. Hence, no offence under the
provisions of SC/ST Act is made out against him. The appellant
has no intention to disgrace the image of the informant in public
view. The appellant is in custody since 11.05.2025 and has no
criminal antecedent.
5. Learned Special P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to allow this appeal.
Patna High Court CR. APP (SJ) No.183 of 2026(3) dt.02-04-2026
3/3
Accordingly, the appeal is allowed and order dated 15.12.2025
passed by learned Exclusive Special Judge-cum-Special Court,
SC/ST (PoA) Act, Nawada is hereby set aside.
7. Let the appellant be released on bail, after framing
of charge, if not already framed, on 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 Meskaur PS Case No. 96 of 2025
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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