Janardan SinghversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CRIMINAL APPEAL (SJ) No.255 of 2026

                         Arising Out of PS. Case No.-172 Year-2020 Thana- JAMUI District- Jamui
                 ======================================================
           1.    Janardan Singh Son of Late Jhari Singh Resident of Village - Lakhanpur,
                 Police Station and District - Jamui.
           2.    Sushil Kumar Singh @ Mantu Singh Son of Late Mahendra Singh Resident
                 of Village - Lakhanpur, Police Station and District - Jamui.
           3.    Amresh Singh @ Belu Singh @ Amresh Kumar Singh Son of Ashok Singh
                 Resident of Village - Lakhanpur, Police Station and District - Jamui.
           4.    Ajay Singh @ Ajay Kumar Singh Son of Sita Ram Singh Resident of Village
                 - Lakhanpur, Police Station and District - Jamui.


                                                                                    ... ... Appellant/s
                                                        Versus
           1.    The State of Bihar
           2.    Ajit Kumar Son of Late Amrika Manjhi Resident of Village - Lakhanpur,
                 Police Station and District - Jamui.


                                                                                  ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :        Mr. Vijay Kumar, Advocate
                 For the Respondent/s     :        Mr. Sadanand Paswan, Special PP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                                   ORAL ORDER

3   17-06-2026                     1. Heard learned counsel for the appellants and

                   learned Special P.P. for the State, Mr. Sadanand Paswan.

                                   2. The learned counsel for the appellants submits

                   that from perusal of the office report dated 08.04.2026, it would

                   manifest that ordinary notice has been validly served on
Patna High Court CR. APP (SJ) No.255 of 2026(3) dt.17-06-2026
                                             2/4




          respondent, but respondent no. 2 despite receiving notice

          chooses not to appear and contest.

                           3. 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 05.01.2026 in A.B.P. No. 1901 of 2025 passed by

          the learned 1st Additional Sessions Judge, Jamui in connection

          with Jamui P.S. Case No. 172 of 2020 registered for the offences

          punishable under Sections 147, 148, 149, 302, 307, 504 and 506

          of the Indian Penal Code as well as Section 3(2)(v) of the SC/ST

          Act.

                           4. Learned counsel for the appellants submits that

          appellants are persons with clean antecedent. It is next

          submitted that no doubt allegation is of murder, but then specific

          allegation of assaulting the deceased is against Chandan. It is

          further submitted that police after threadbare investigation came

          to a considered conclusion that appellants are innocent and thus

          submitted Final Form No. 752 of 2023 dated 10.11.2023

          exonerating the appellants of the allegations as alleged in the

          FIR, but then the learned Trial Court differing with the police

          report took cognizance, as such, appellants apprehend arrest. It
Patna High Court CR. APP (SJ) No.255 of 2026(3) dt.17-06-2026
                                             3/4




          is further submitted that when one Investigating Agency after

          threadbare investigation came to a considered conclusion that

          appellants are innocent whether it would be prudent for the

          Court to send the appellants to jail based on an order of

          cognizance which came to be taken based on the same police

          report which exonerated the appellants of the allegations.

                           5. Learned Special P.P. for the State opposes the

          appeal, but then is not in a position to rebut the submission of

          the learned counsel appearing on behalf of the appellants that

          police after investigation submitted final form exonerating the

          appellants of the allegation, but then it is submitted that since

          cognizance has been taken, as such, a prima facie case is made

          out.

                           6. After hearing the learned counsel for the parties,

          the Court was inclined to extend the privilege of anticipatory

          bail to the appellants, but since cognizance has been taken by

          the learned Trial Court differing with the police report, as such,

          the appeal is disposed of with a direction to the appellants to

          surrender before the learned Trial Court on 03.07.2026.

                           7. It is made clear that if the appellants surrender

          on 03.07.2026, in that event the learned Trial Court shall

          consider and dispose of the case on the same day keeping in
            Patna High Court CR. APP (SJ) No.255 of 2026(3) dt.17-06-2026
                                                         4/4




                      mind the fact that police after investigation submitted final form

                      exonerating the appellants of the allegations as alleged in the

                      FIR.



                                                         (Satyavrat Verma, J)
Rishabh/-

U      T