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Patna High Court

Manoj BhartiversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The order refusing anticipatory bail is set aside and anticipatory bail is granted to the appellant.

Summary

Manoj Bharti appealed against the refusal of anticipatory bail under Section 14‑A(2) of the SC/ST (Prevention of Atrocities) Act. The FIR alleged that he, along with others, threatened an informant over a no‑confidence motion and later fired shots at the informant’s house, though no one was injured and the informant was not present. The appellant argued that the informant was not an eyewitness, the allegations were vague, and he had a clean antecedent. The Special Public Prosecutor opposed bail but did not rebut the appellant’s claim of lack of eyewitness evidence. The Patna High Court set aside the lower court’s order, granting anticipatory bail subject to a bond and sureties, and allowed the appeal.

Issues considered

  • Whether the refusal of anticipatory bail under Section 14‑A(2) of the SC/ST Act is justified in view of the nature of the allegations and lack of eyewitness testimony.
  • Whether the appellant is entitled to anticipatory bail under the SC/ST Act and Section 482(2) of the Bihar Negotiable Instruments Act, 2023.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • false implication
  • no confidence motion
  • threats
  • firearms
  • Section 14-A
  • Section 482

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.1856 of 2025
                    Arising Out of PS. Case No.-19 Year-2025 Thana- CHERIYA BARIYARPUR District-
                                                         Begusarai
                 ======================================================
                 Manoj Bharti S/O Kailash Bihari Prasad Singh @ Kailash Singh @ Kailash
                 Bharti R/O Village- Manjhaul-1, Tilak Nagar, P.S- Manjhaul, Distt.-
                 Begusarai.

                                                                                ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    Arjun Chaudhary S/O Harilal Chaudhary R/O Village- Cheriya Bariyarpur,
                 P.S- Cheriya Bariyarpur, Distt.- Begusarai.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :       Mr. Sangeet Deokuliar, Advocate.
                 For the Respondent/s    :       Ms. Usha Kumari 1, Special P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

5   04-02-2026                 1. Heard the learned counsel for the appellant, learned

                   Special P.P. Ms. Usha Kumari No.1 and the learned counsel

                   appearing on behalf of the informant.

                               2. This is an appeal under Section 14-A(2) of the

                   Scheduled Castes and Scheduled Tribes (Prevention of

                   Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST

                   Act”) against the refusal of prayer for anticipatory bail vide

                   order dated 02.04.2025 in A.B.A. No. 600/2025 passed by the

                   learned Exclusive Special Judge, SC/ST Act, Begusarai in

                   connection with Cheriya Bariyarpur P.S. Case No.19/2025,

                   registered under Sections 190, 191(2), 191(3), 109(1), 352,

                   351(1) of the BNS, 2023, Section 27 of the Arms Act as well as
Patna High Court CR. APP (SJ) No.1856 of 2025(5) dt.04-02-2026
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          Sections 3(1), 3(2)(va) of the SC/ST (POA) Act.

                       3. Learned counsel for the appellant submits that

          appellant is a person with clean antecedent and the informant

          alleges that a no confidence motion was brought against the

          Pramukh and Up-pramukh on 19.02.2025 by Manoj Bharti and

          others, the informant was opposing the no confidence motion,

          on account of which, Manoj, Raman, Dablu, Niranjan and Ajay

          were threatening him from his mobile as well as from mobile of

          others for sometime and were asking the informant to support

          the no confidence motion or he along with his family would be

          killed, next alleges that 19.02.2025 at 11 P.M. the accused

          persons came and fired seven rounds at his house but informant

          was not present but his mother was in the house and firing was

          resorted by the appellant and others.

                       4. Learned counsel for the appellant submits that

          appellant has been falsely implicated in the instant case by the

          informant. It is next submitted that from perusal of the

          allegation as alleged in the FIR, it would manifest that

          informant alleges that this appellant had brought a no

          confidence motion against the Pramukh and Up-pramukh and

          the informant was not supporting the no confidence motion i.e.

          the informant was on the side of Pramukh and Up-pramukh. It is
Patna High Court CR. APP (SJ) No.1856 of 2025(5) dt.04-02-2026
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          next submitted that informant also alleges that since he was not

          supporting the no confidence motion as such the appellant along

          with others were threatening him by their mobile and mobile of

          others but then the informant did not institute any case, when he

          was receiving the threatening. It is also submitted that no doubt

          allegation is of firing but then no one was injured in the firing. It

          is also submitted that informant himself alleges that he was not

          present at the house as such it creates a doubt that as to why the

          appellant along with other accused would have gone to the

          house of the informant to kill him, when no confidence motion

          was still pending and the no confidence motion was not brought

          against the informant but against the Pramukh and Up-pramukh.

          It is also submitted that informant is not an eyewitness to the

          occurrence nor the FIR even remotely suggests that the mother

          of the informant disclosed that who resorted to firing. It is also

          submitted that it might be a possibility that Pramukh and Up-

          pramukh hatched a conspiracy since a no confidence motion

          was brought against them by the appellant and others and in

          order to implicate them the informant has been used as a stooge.

                       5. Learned Special Public Prosecutor and the learned

          counsel appearing on behalf of the informant opposes the prayer

          for anticipatory bail of the appellant but then are not in a
             Patna High Court CR. APP (SJ) No.1856 of 2025(5) dt.04-02-2026
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                       position to rebut the submission of the learned counsel

                       appearing on behalf of the appellant that informant is not an

                       eyewitness to the occurrence nor his mother disclosed that it

                       was the appellant and other who resorted to the firing nor the

                       FIR even remotely suggests that the occurrence was witnessed

                       by any independent witnesses.

                                    6. After hearing the learned counsel for the parties, the

                       order impugned is set aside. Let the appellant, above named, in

                       the event of his arrest or surrender before the learned Court

                       below within a period of six weeks from the date of receipt of

                       the order, be released on anticipatory bail on furnishing bail

                       bond of Rs.5,000/- (rupees five thousand) with two sureties of

                       the like amount each to the satisfaction of the learned court

                       below where the case is pending in connection with the

                       aforesaid case, subject to the conditions as laid down under

                       Section 482(2) of the B.N.S.S.

                                    7. Accordingly, the impugned order is set aside and

                       this appeal stands allowed.



                                                  (Satyavrat Verma, J)
amit/-

U        T


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