Patna High Court
Rajesh Kumar Mishra @ Rajesh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The appeal is allowed and the order rejecting anticipatory bail is set aside, directing bail subject to statutory conditions.
Summary
The appellant, Rajesh Kumar Mishra, a government teacher, was charged under multiple sections of the B.N.S. and the SC/ST (POA) Act for alleged assault. He applied for anticipatory bail, which was rejected by the Special Judge. The appellant contended that he was falsely implicated and that no offence under the SC/ST Act was made out. The High Court, after considering the submissions and noting the appellant's status as a government servant, set aside the lower court's order rejecting anticipatory bail. The Court directed that the appellant be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the B.N.S.
Issues considered
- Whether anticipatory bail should be granted to the appellant under the circumstances.
- Whether the alleged conduct constitutes an offence under the SC/ST (POA) Act.
- Whether the appellant's position as a government servant influences the grant of bail.
Legislation cited
- B.N.S. — s. 109, 115(2), 117(1), 118(2), 126(2), 3(5), 351(2), 352, 482(2), 76
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- SC/ST (POA) Act
- assault
- government servant
- bail conditions
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2266 of 2025
Arising Out of PS. Case No.-53 Year-2025 Thana- CHORAUT District- Sitamarhi
======================================================
Rajesh Kumar Mishra @ Rajesh Kumar S/o Sri Malwar Mishra R/o Village-
Yadupatti, PS- Choraut, District- Sitamarhi
... ... Appellant/s
Versus
1. The State of Bihar Bihar
2. Sunita Devi D/o Mohit Paswan R/o vill - Parsa, P.S.- Harlakhi, distt.-
Madhubani
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Madhusudan Rai
For the Respondent/s : Mr.Usha Kumari 1
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
7 13-03-2026 Heard the parties.
2. This appeal is preferred against the order dated
15.05.2025 passed by the learned District & Additional Sessions
Judge-1-cum- Special Judge, SC/ST (POA) Act, Sitamarhi in
connection with Choraut P.S. Case No. 53 of 2025 registered for
the offence under Sections 126(2), 115(2), 109, 117(1), 118(2),
76, 352, 351(2), 3(5) of B.N.S. and under section 3(i)(r)(s)(w)(i)
of S.C/S.T. (POA) Act by which anticipatory bail filed by the
appellant has been rejected.
3. As per the prosecution case, appellant is accused of
assaulting the victim with other accused persons.
4. Learned counsel for the appellant submits that the
Patna High Court CR. APP (SJ) No.2266 of 2025(7) dt.13-03-2026
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appellant has falsely been implicated in this case and no offence
under the provisions of SC/ST Act is made out in this case as
petitioner is a government teacher and has been falsely
implicated due to earlier dispute and therefore the application of
the anticipatory bail is maintainable.
5. Learned counsel for the State and learned counsel
for the informant have opposed the prayer of the appellant.
6. Considering the facts of the case and the rival
submissions of the parties as well as the fact the appellant is a
government servant, this appeal is allowed and accordingly, the
order dated 15.05.2025 passed by the learned District &
Additional Sessions Judge-1-cum- Special Judge, SC/ST (POA)
Act, Sitamarhi in connection with Choraut P.S. Case No. 53 of
2025, is hereby set aside.
7. Let the appellant, in the event of his arrest or
surrender within four weeks from today, be released on bail on
furnishing bail bonds of Rs. 10,000/-(Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned District & Additional Sessions Judge-1-cum- Special
Judge, SC/ST (POA) Act, Sitamarhi /concerned Court below in
connection with Choraut P.S. Case No. 53 of 2025, subject to
the conditions laid down under Section 438(2) of the Code of
Patna High Court CR. APP (SJ) No.2266 of 2025(7) dt.13-03-2026
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Criminal Procedure/482(2) of the BNSS.
(Sandeep Kumar, J)
tusharika/-
U T
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