Patna High Court
ANIKEL MISHRA @ ANIKET MISHRAversusTHE STATE OF BIHAR
- Decided
- Disposal
- DISMISSED
- Bench
- R P MISHRA
Holding
The court held that bail could not be granted and dismissed the appeal.
Summary
The appellants appealed against the order of the Special Judge rejecting their bail applications in a case involving alleged sexual assault and theft under the Bharatiya Nyaya Sanhita and the SC/ST Act. The prosecution alleged that the appellants attempted to sexually assault the informant and seized her mobile phone, and the informant’s statement under the Bharatiya Nagarik Suraksha Sanhita supported the charges. The appellants contended that they were falsely implicated, that no caste name was used publicly, and therefore no offence under the SC/ST Act arose. The State opposed bail, emphasizing the appellants’ presence in the FIR and prior criminal antecedents of two appellants. Considering the specific allegations, the nature and gravity of the offences, and the lack of a clear case for bail, the High Court dismissed the appeal and ordered the trial court to expedite the trial.
Issues considered
- Whether bail should be granted to the accused under Sections 307, 64, 62, 76, 3(5) of the Bharatiya Nyaya Sanhita, 2023 and relevant provisions of the SC/ST Act.
- Whether the alleged conduct constitutes an offence under the SC/ST Act, specifically the requirement of using the caste name in public view.
- Whether the gravity of the alleged sexual assault and theft warrants denial of bail.
- Whether the prior criminal antecedents of two appellants affect the bail decision.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 183
- Bharatiya Nyaya Sanhita, 2023 — s. 307, 3(5), 62, 64, 76
- SC/ST (Prevention of Atrocities) Act — s. 3(1)(r), 3(1)(s), 3(1)(w)(i)
Subjects
- bail
- SC/ST Act
- sexual assault
- criminal procedure
- appeal dismissed
- provisional bail
- gravity of offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2916 of 2025
Arising Out of PS. Case No.-146 Year-2025 Thana- SAKURABAD District- Jehanabad
======================================================
1. Anikel Mishra @ Aniket Mishra S/O Manoj Mishra Resident Of Village-
Shesamba, P.S.- Shakurabad, Dist.- Jehanabad.
2. Rahul Kumar S/O Brajesh Ojha Resident Of Village- Shesamba, P.S.-
Shakurabad, Dist.- Jehanabad.
3. Risu Mishra S/O Mahendra Mishra Resident Of Village- Shesamba, P.S.-
Shakurabad, Dist.- Jehanabad.
... ... Appellant/s
Versus
1. The State Of Bihar
2. Ribha Kumari D/O Ram Dev Chaudhari Resident Of Village- Baijnathganj,
P.S.- Shakurabad, Dist.- Jehanabad.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Mukesh Kumar, Advocate
For the Respondent/s : Mrs. Usha Kumari 1, SPP
For the O.P. No. 2 : Mr. Shwetank, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
7 10-04-2026 Heard learned counsel for the appellants, learned
Special Public Prosecutor for the State, learned counsel for the
informant/Respondent No. 2 and perused the case diary. The
matter has been listed before this Bench vide Minutes of
Hon’ble the Chief Justice.
2. Earlier, provisional bail was granted to appellant
no. 3, namely, Risu Mishra for three weeks and in terms of order
dated 04.11.2025, he has surrendered before the concerned
Court and surrender certificate has been submitted.
Patna High Court CR. APP (SJ) No.2916 of 2025(7) dt.10-04-2026
2/3
3. The instant appeal has been filed by the appellants
against the order dated 01.07.2025 passed by learned 1 st
Additional Sessions Judge-cum-Special Judge SC/ST Act,
Jehanabad whereby the prayer for bail of the appellant in
connection with Shakurabad P.S. Case No. 146 of 2025, under
Sections 307, 64, 62, 76, 3(5) of the Bharatiya Nyaya Sanhita,
2023, read with Sections 3(1)(r), 3(1)(s) and 3(1)(w)(i) of
SC/ST Act was rejected.
4. Prosecution case, in short, is that the appellants
along with co-accused persons tried to sexually assault the
informant and also took her mobile phone.
5. Learned counsel for the appellants submits that the
appellants are innocent and have falsely been implicated in the
present case. Charge-sheet has been submitted in this case.
Learned counsel for the appellants also submits that the entire
allegation levelled against the appellants is false and fabricated
and no specific allegation has been attributed against the
appellants. It is next submitted 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 are in custody since
Patna High Court CR. APP (SJ) No.2916 of 2025(7) dt.10-04-2026
3/3
29.05.2025. Appellant Nos. 1 and 2 have got one criminal
antecedent in which they are on bail and appellant no. 3 has got
no criminal antecedent.
6. Learned Special P.P. for the State and learned
counsel for opposite party no. 2 have vehemently opposed the
prayer for grant of bail to the appellants and submits that the
appellants are named in the FIR. It is next submitted that the
informant has supported the prosecution case in her statement
recorded under Section 183 of the Bharatiya Nagarik Suraksha
Sanhita, 2023. Hence, the appellants does not deserve the
privilege of bail. It is further submitted that regular bail of co-
accused has been dismissed by this Court vide order dated
13.11.2025 passed in Cr. Appeal (SJ) No. 2944 of 2025.
7. Considering the aforesaid facts and circumstances
of the case, specific allegation as also nature and gravity of the
offence, this Court is not inclined to grant bail to the appellants
at this juncture.
8. Accordingly, the appeal stands dismissed. The trial
Court is directed to expedite the trial.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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