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Patna High Court

Manish KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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