Patna High Court
Abhishek Kumar @ Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
Holding
The appellate court set aside the refusal of anticipatory bail and granted it to the appellant, subject to bond and surety conditions.
Summary
The appellant, Abhishek Kumar, was charged under multiple IPC offences and the SC/ST (Prevention of Atrocities) Act in connection with an alleged illegal sand‑loading incident that escalated into an unlawful assembly and assault on a police informant. He applied for anticipatory bail, which was denied by the exclusive judge under Section 14‑A(2) of the SC/ST Act. The appellant contended that he had a clean record, was falsely implicated, and that his case was analogous to a prior case (Rajesh Kumar Yadav) where anticipatory bail had been granted. The State opposed the bail on the ground of the seriousness of the offences. The Patna High Court, after considering the earlier precedent and the provisions of Section 14‑A(2) and Section 482(2) of the CrPC, set aside the lower court’s order and granted anticipatory bail subject to a bond and surety conditions. Consequently, the appeal was allowed.
Issues considered
- Whether anticipatory bail can be granted to an accused under Section 14‑A(2) of the SC/ST (Prevention of Atrocities) Act.
- Whether the appellant’s alleged involvement in the offences warrants denial of anticipatory bail.
- Whether the precedent of Rajesh Kumar Yadav’s anticipatory bail is applicable to the present case.
Legislation cited
- BM Rule, 2021 — s. 56
- Criminal Procedure Code — s. 482(2)
- Indian Penal Code — s. 147, 149, 307, 323, 341, 353, 379, 385, 411, 504
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14-A(2)
Subjects
- anticipatory bail
- SC/ST Act
- false implication
- unlawful assembly
- Criminal Procedure Code
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1930 of 2025
Arising Out of PS. Case No.-186 Year-2023 Thana- BELAGANJ District- Gaya
======================================================
Abhishek Kumar @ Sonu Kumar Son of Vijay Prasad @ Vijay Singh Village-
Tali, Ps- Belaganj, dist- Gaya
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Sanjay Kumar Sinha
For the Respondent/s : Mr.Binay Krishna
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 06-07-2026 1. Heard learned counsel for the appellant and learned
Spl. P.P. for the State, Binay Krishna.
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 15-4-2025 in A.B.P. No.102 of 2025 passed by the
learned Exclusive Judge S.C./S.T. (POA) Act, Gaya in
connection with Belaganj P.S. Case No. 186 of 2023 registered
for the offences punishable under Sections 147, 149, 323, 341,
307, 353, 504, 385, 379 and 411 of the Indian Penal Code, 3(2)
(va) of the SC/ST (POA) Act, section 21 MM (D & R) Act and
rule 56 of BM Rule, 2021.
3. Learned Spl. PP submits that the informant, who is
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a police officer, has been informed about the instant case.
4. Learned counsel for the appellant submits that
appellant is a person with clean antecedent and as per the
prosecution case, it is alleged that the appellant and the co-
accused persons were loading sand illegally on the tractor at
Falgu River and when police reached the place of occurrence,
they fled with the tractor but then police seized JCB machine,
thereafter the accused persons came and formed an unlawful
assembly, thereafter got the seized JCB and one accused
released and also abused the informant by taking caste name and
pelted stones and thus created hindrance in discharge of official
duties.
5. Learned counsel for the appellant submits that the
appellant has been falsely implicated in the instant case by the
informant. It is next submitted that Rajesh Kumar Yadav along
with others had approached this Court seeking anticipatory bail
by filing Cr. Appeal (SJ) No. 4105 of 2023 and the same came
to be allowed by an order dated 23-8-2024 passed by a learned
Co-ordinate Bench. It is further submitted that the case of the
appellant, if not akin, is similar to the case of Rajesh Kumar
Yadav and others.
6. Learned Spl. P.P. for the State opposes the prayer
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for anticipatory bail of the appellant.
7. After hearing learned counsel for the parties and
taking into consideration the order dated 23-8-2024 in Cr.
Appeal (SJ) No. 4105 of 2023, let the appellant above-named, in
the event of his arrest or surrender within a period of six weeks
from today, be released on anticipatory bail on furnishing bail
bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties
of the like amount each to the satisfaction of the learned trial
court where the case is pending/successor court in connection
with the aforesaid case, subject to the conditions as laid down
under Section 482 (2) of the BNSS.
8. Accordingly, the impugned order is set aside and
the appeal stands allowed.
(Satyavrat Verma, J)
Sumit/-
U T
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