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Patna High Court

Sintu Kumar @ Ranjit KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appeal is allowed; the order rejecting anticipatory bail is set aside and anticipatory bail is granted subject to conditions.

Summary

The appellants, five residents of Rajoi village, were charged under several provisions of the Bharatiya Nyaya Sanhita, 2023 and the SC/ST Act for allegedly assaulting an informant and her family in the informant's house. Their application for anticipatory bail was rejected by the Additional Sessions Judge. The appellants contended that they were falsely implicated, that no specific allegation singled them out, and that they had not used the informant's caste name in public, thus negating any offence under the SC/ST Act. The State and the informant opposed the bail. The Patna High Court, noting the lack of specific allegations and the period of custody already served, set aside the lower court's order and granted anticipatory bail subject to conditions under Section 482(2) of the Bharatiya Nyaya Sanhita. The court ordered the appellants to furnish bail bonds and sureties if arrested within six weeks.

Issues considered

  • Whether anticipatory bail should be granted in the absence of specific allegations against the accused.
  • Whether the conduct alleged amounts to an offence under the SC/ST Act.
  • Whether the period of custody already undergone affects the grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bharatiya Nyaya Sanhita
  • SC/ST Act
  • assault
  • caste discrimination
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.2489 of 2025
                     Arising Out of PS. Case No.-90 Year-2025 Thana- MUFFASIL District- Aurangabad
                 ======================================================
           1.     Sintu Kumar @ Ranjit Kumar S/o Dina Singh R/o Village- Rajoi, PS-
                  Muffasil, District- Aurangabad
           2.    Chhote Kumar @ Manjeet Singh S/o Dina Singh R/o Village- Rajoi, PS-
                 Muffasil, District- Aurangabad
           3.    Umesh Singh @ Umesh Kumar S/o Vinod Singh R/o Village- Rajoi, PS-
                 Muffasil, District- Aurangabad
           4.    Brij Nandan Singh @ Brij Nandan Chandravanshi S/o Sukhadi Singh R/o
                 Village- Rajoi, PS- Muffasil, District- Aurangabad
           5.    Saurabh Chandravanshi @ Saurabh Kumar S/o Brij Nandan Singh @ Brij
                 Nandan Chandravanshi R/o Village- Rajoi, PS- Muffasil, District-
                 Aurangabad

                                                                                   ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Jirmaniya Kuwar W/o Late Jayant Paswan R/o Village- Rajoi, PS- Muffasil,
                 District- Aurangabad

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Rakesh Singh, Advocate
                 For the State           :        Ms. Usha Kumari 1, SPP
                 For the Informant       :        Mr. Rohit Ray, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

4   09-02-2026             Heard learned counsel for the appellants and learned

                   Special Public Prosecutor for the State as also learned counsel

                   for the informant. Perused the case diary.

                           2.      The instant appeal has been filed by the appellants

                   against the order dated 28.05.2025 passed by learned Additional

                   Sessions Judge-1st-cum-Special Judge, Aurangabad whereby

                   the prayer for anticipatory bail of the appellants in connection
Patna High Court CR. APP (SJ) No.2489 of 2025(4) dt.09-02-2026
                                             2/3




          with Aurangabad Muffasil PS Case No. 90 of 2025 instituted

          under Sections 109(1), 126(2), 115(2), 352, 351(2), 3(5) &

          303(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3(i)

          (r)(s) & 3(2)(va) of SC/ST Act was rejected.

                  3.      Prosecution case, in short, is that all the accused

          persons, including the appellants entered the house of the

          informant and assaulted the informant and her family members

          due to which they sustained injuries.

                  4.      Learned counsel for the appellants submits that the

          appellants are innocent and have falsely been implicated in the

          present case. There is no specific allegation against the

          appellants, rather the same is general and omnibus in nature.

          There is case and counter case between the parties. Learned

          counsel for the appellants further submits that the appellants

          have not taken the caste name of the informant in public view.

          Hence, no offence under the provisions of SC/ST Act is made

          out against them. The appellants have no intention to disgrace

          the image of the informant in public view. The appellants have

          no criminal antecedent each. Similar co-accused has been

          granted regular bail by this Court vide order dated 07.08.2025

          passed in Cr. Appeal (S.J.) No. 1729 of 2025.

                  5.      Learned Special P.P. for the State and the informant
           Patna High Court CR. APP (SJ) No.2489 of 2025(4) dt.09-02-2026
                                                        3/3




                     have vehemently opposed the prayer for grant of bail to the

                     appellants.

                             6.      Considering the aforesaid facts and circumstances

                     of the case, there being no specific allegation against the

                     appellants and the period of custody undergone by the

                     appellants, this Court is inclined to allow this appeal.

                     Accordingly, the appeal is allowed and order dated 28.05.2025

                     passed by learned Additional Sessions Judge-1st-cum-Special

                     Judge, Aurangabad is hereby set aside.

                             7.      Let the appellants, above-named, in the event of

                     their arrest or surrender before the learned Court below within a

                     period of six weeks from today, be released on anticipatory bail

                     on furnishing bail bonds of Rs.15,000/- (Rupees Fifteen

                     Thousand) each with two sureties of the like amount each to the

                     satisfaction of the learned court below where the case is

                     pending/successor court in connection with Aurangabad

                     Muffasil PS Case No. 90 of 2025, subject to the conditions as

                     laid down under Section 482(2) of the BNSS, 2023.



                                                                  (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T


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