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Patna High Court

Abhishek Kumar @ Sonu KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
Patna High Court CR. APP (SJ) No.1930 of 2025(4) dt.06-07-2026
                                             2/3




          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
              Patna High Court CR. APP (SJ) No.1930 of 2025(4) dt.06-07-2026
                                                           3/3




                        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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