Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The appeal is allowed and the order rejecting anticipatory bail is set aside for the appellant, with bail granted on condition of bond and sureties.
Summary
Manish Kumar appealed against the order of a Special Judge that denied him anticipatory bail in a case involving alleged assault, firing of weapons, and offences under the Indian Penal Code, the Arms Act and the SC/ST (Prevention of Atrocities) Act. The prosecution alleged that a group of accused, including the appellant, assaulted the informant's brothers and that another accused fired at two persons. The appellant contended that the allegations against him were vague, that no specific overt act was attributed to him, and that the SC/ST Act could not apply as no member of the public was present. The court noted the general and omnibus nature of the accusation and the lack of specific incriminating material against the appellant, and observed that a co‑accused had been granted anticipatory bail in a similar case. Accordingly, the appeal was allowed, the earlier order rejecting bail was set aside for the appellant, and conditional bail was ordered upon furnishing a bond and sureties.
Issues considered
- Whether the appellant is entitled to anticipatory bail despite the general and omnibus nature of the allegations.
- Whether the provisions of the SC/ST (Prevention of Atrocities) Act apply to the appellant in the present facts.
- Whether the FIR specifically implicates the appellant in the alleged assault and firing.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 103(1), 109, 115(2), 126(2), 190, 191(2), 191(3), 351(2), 351(3), 352
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(i), 3(r), 3(s)
Subjects
- anticipatory bail
- general allegation
- SC/ST Act
- assault
- firearms
- bail conditions
- Indian Penal Code
- Arms Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.302 of 2026
Arising Out of PS. Case No.-334 Year-2025 Thana- PAROO District- Muzaffarpur
======================================================
Manish Kumar Son of Mohan Bhagat R/o Village - Koiria Nizamat, P.S. -
Paru, Dist. - Muzaffarpur(Bihar).
... ... Appellant/s
Versus
1. The State of Bihar
2. Dilip Kumar Son of Birendra Bhagat R/o Village - Koiria Nizamat, P.S. -
Paru, Dist. - Muzaffarpur(Bihar).
... ... Respondent/s
======================================================
Appearance :
For the Appellant : Mr. Arun Kumar, Advocate
For the State : Mr. Sadanand Paswan, Spl.PP
For the Informant : Mr. Upendra Kumar Chaubey, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 30-04-2026 Heard learned counsel appearing for the appellant,
learned Special Public Prosecutor appearing for the respondent-
State and learned counsel appearing for the
informant/Respondent No. 2.
2. This appeal has been filed for setting aside order
dated 15.11.2025 passed in a case registered for the offence
punishable under Sections 191(2), 191(3), 190, 126(2), 115(2),
109, 103(1), 352, 351(2) and 351(3) of the B.N.S., Section 27 of
the Arms Act and Section 3(i)(r)(s) of the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, whereby the
prayer for grant of anticipatory bail of this appellant has been
rejected.
Patna High Court CR. APP (SJ) No.302 of 2026(2) dt.30-04-2026
2/3
3. As per prosecution case, informant alleges that 15
named accused persons, including this appellant, reached the
medicine shop of informant and assaulted his brothers. It is
further alleged that co-accused Arvind Bhagat fired upon
Jitendra Kumar Bhagat and Jaiprakash Bhagat.
4. It is submitted by learned counsel appearing on
behalf of the appellant that appellant is quite innocent and has
committed no offence. Allegation of assault is general and
omnibus and no specific accusation of overt act has been alleged
against this appellant. From bare perusal of the F.I.R. it is
apparent that specific accusation of firing is against co-accused
Arvind Bhagat. It is further submitted that it is not the case of
the prosecution that any member of public was present at the
place of occurrence and as such, no case under the Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Act is
made out against this appellant. It is lastly submitted that co-
accused Surendra Bhagat, having similar and identical
allegations, has already been granted the privilege of
anticipatory bail by a Co-ordinate Bench of this Hon’ble Court
vide order dated 17.02.2026 passed in Cr. Appeal (SJ) No. 4661
of 2025.
5. Learned Spl. P.P. appearing for the respondent-State
Patna High Court CR. APP (SJ) No.302 of 2026(2) dt.30-04-2026
3/3
and learned counsel appearing for the informant/Respondent
No. 2 have vehemently opposed the prayer for grant of bail to
the appellant.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation and claim based
on parity, this appeal is allowed and the impugned order dated
15.11.2025 passed by the learned Special Judge, SC/ST (POA)
Act, Muzaffarpur in connection with Paru P.S. Case No. 334 of
2025 is hereby set aside with respect to this appellant only.
7. Accordingly, let the appellant, named above, in the
event of arrest/surrender within a period of eight weeks from the
date of receipt/production of a copy of this order, be enlarged on
bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with
two sureties of the like amount each to the satisfaction of
learned Special Judge, SC/ST (POA) Act, Muzaffarpur in
connection with Paru P.S. Case No. 334 of 2025.
(Prabhat Kumar Singh, J)
shashank/-
U T
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