Patna High Court
GAINA PANDIT @ RUPESH PANDEY @ GAINA SAHversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted anticipatory bail to the appellant, directing release on bail upon arrest or surrender within eight weeks subject to Section 438(2) Cr.P.C.
Summary
Gaina Pandit (Rupesh Pandey) appealed against the Special Court’s order rejecting his anticipatory bail in a case involving offences under the Bihar N.S. and the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989. He argued that the notice was duly served, he has a clean antecedent, and that a similar appeal (Anant Sah & Manish Kumar, Criminal Appeal (SJ) No.5144 of 2025) had been granted anticipatory bail. The Special Public Prosecutor could not refute these submissions. The Patna High Court, considering the earlier judgment granting bail in the analogous case, directed that the appellant be released on bail if arrested or surrendered within eight weeks, upon furnishing a bail bond of Rs 10,000 with two sureties, subject to the conditions of Section 438(2) of the Cr.P.C. The order effectively granted anticipatory bail to the appellant.
Issues considered
- Whether the appellant is entitled to anticipatory bail under the SC/ST Act offences.
- Whether the prior order granting anticipatory bail in a similar case is persuasive authority.
Legislation cited
- B.N.S. — s. 109, 115(2), 126(2), 3(5), 351(2), 352
- Criminal Procedure Code — s. 438(2)
- Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(2)(va), 3(i)(r), 3(i)(s)
Subjects
- anticipatory bail
- SC/ST Act
- Section 438 CrPC
- bail bond
- criminal appeal
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.206 of 2026
Arising Out of PS. Case No.-357 Year-2025 Thana- AKHODHIGOLA District- Rohtas
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GAINA PANDIT @ RUPESH PANDEY @ GAINA SAH Son of Khakhanu
Pandey Resident of Village - Budhuan, P.S.- Akorhigola, District - Rohtas.
... ... Appellant/s
Versus
1. The State of Bihar
2. Rajesh Kumar Son of Virendra Paswan Resident of Village - Mahuari, P.S.-
Akorhigola, District - Rohtas.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Raghunandan Kumar Singh
For the Respondent/s : Mr.Usha Kumari 1
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 17-06-2026 1. Heard the learned counsel for the appellant and
the learned Special Public Prosecutor for the State.
2. The appellant has challenged the order dated
28.11.2025 passed by the learned Special Court, SC/ST Act,
Rohtas at Sasaram in connection with Akorhigola PS Case
No. 357 of 2025, instituted for the offences under Sections
126(2), 115(2), 109, 352, 351(2), 3(5) of the B.N.S and
Section 3(i)(r), 3(i)(s) and 3(2)(va) of the Scheduled Castes
& Scheduled Tribes (Prevention of Atrocities) Act, 1989,
whereby his prayer for grant of anticipatory bail has been
rejected.
3. The learned counsel for the appellant submits
Patna High Court CR. APP (SJ) No.206 of 2026(4) dt.17-06-2026
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that from perusal of the office report dated 26.03.2026, it
would manifest that respondent no.2 had received the notice
validly, but despite receiving notice, the respondent no.2
chooses not to appear and contest. It is further submitted
appellant is a person with clean antecedent. It is next
submitted Anant Sah and Manish Kumar approached this
court seeking anticipatory bail by filing Criminal Appeal
(SJ) No. 5144 of 2025 and the same came to be allowed by
an order dated 20.04.2026. It is submitted that case of the
petitioner if not akin is similar to the case of Anant Sah and
Manish Kumar.
4. The learned Special PP is not in a position to
rebut the said submission of the learned counsel appearing
on behalf of the appellant.
5. After hearing the learned counsel for the parties
and taking into consideration the order dated 20.04.2026 in
Criminal Appeal (SJ) No.5144 of 2025, the appellant,
above-named, in the event of his arrest or surrender before
the learned Court below within a period of eight weeks, is
directed to be released on bail on his furnishing bail-bonds
in the sum of Rs.10,000/- (Rupees Ten Thousand) with two
Patna High Court CR. APP (SJ) No.206 of 2026(4) dt.17-06-2026
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sureties of the like amount each to the satisfaction of
learned Special Court, SC/ST Act, Rohtas at Sasaram in
connection with Akorhigola PS Case No. 357 of 2025,
subject to the conditions laid down under Section 438(2) of
the Cr.P.C.
(Satyavrat Verma, J)
vikash/-
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