Created by Fuzzy Cloud

Patna High Court

Raj Kumar PandeyversusThe State Of Bihar

Decided
Disposal
ALLOWED

Holding

The appeal is allowed; the order rejecting bail is set aside and the appellant is granted bail.

Summary

The appellant, Raj Kumar Pandey, was charged in a mob assault case under several sections of the Bihar Penal Code and the SC/ST (Prevention of Atrocities) Act. The prosecution alleged that a group of accused stopped a motorcycle, assaulted the occupants, and stole cash, but the FIR did not name the appellant. The appellant contended that he was falsely implicated, had no specific allegation against him, and possessed no criminal antecedent. The Special Public Prosecutor opposed bail, while the appellant’s counsel highlighted the lack of overt act and the granting of bail to other co‑accused. The High Court, after hearing both sides, found no specific charge against the appellant and allowed the bail appeal, setting aside the earlier order denying bail. The court directed that the appellant be released on bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether bail can be granted to an accused who is not specifically alleged in the FIR and for whom no overt act is established.
  • Whether the presence of other co‑accused granted bail influences the bail decision for the appellant.

Legislation cited

Subjects

  • bail
  • false implication
  • mob assault
  • SC/ST (Prevention of Atrocities) Act
  • criminal procedure
  • Bihar

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.3023 of 2025
                      Arising Out of PS. Case No.-57 Year-2025 Thana- KATRA District- Muzaffarpur
                 ======================================================
                 Raj Kumar Pandey S/O Late Premlal Pandey Resident Of Village- Sanpur
                 Bakhri, P.s.- Katra, Dist.- Muzaffarpur

                                                                                   ... ... Appellant/s
                                                       Versus
           1.    The State Of Bihar Patna
           2.    Vishwanath Manjhi S/O Bhola Manjhi Resident Of Village- Dargah, P.s.-
                 Katra, Dist.- Muzaffarpur

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Manindra Kishore Singh, Advocate
                 For the Respondent/s    :        Mr. Sadanand Paswan, Spl.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

4   21-01-2026                     Heard learned counsel for the appellant and learned

                   Special Public Prosecutor for the State.

                               2. The instant appeal has been filed by the appellant

                   against the order dated 30.05.2025 passed by learned Special

                   Judge SC/ST (POA) Act, Muzaffarpur whereby the prayer for bail

                   of the appellant in connection with Katra P.S. Case no. 57 of 2025

                   under Sections 191(2), 191(3), 109, 303, 324(4), 126(2), 115(2),

                   351(2) and 351(4) of B.N.S. and Sections 3(1) (r), 3(1) (s) of

                   SC/ST (POA) Act was rejected.

                               3. The case of the prosecution is that when the

                   complainant was returning with his nephew Suraj Kumar for their

                   home, as they reached near Bakhri Gatoli, accused persons,

                   namely, Vijay Sah, Mukund Kumar, Dahsrath Sharma, Khobhari
Patna High Court CR. APP (SJ) No.3023 of 2025(4) dt.21-01-2026
                                             2/3




          Sah, Sukul Tiwari, Pawan Singh along with other 25-30 unknown

          persons stopped the motorcycle of the informant and snatched the

          key of the said motorcycle and started assaulting them by calling

          thieves. When the informant said that he is not a thief and his

          house is in musahar tola at Dargah. Thereafter, co-accused Vijay

          Sah started assaulting and abusing them by calling their caste

          name and also snatched Rs. 10,000/- in cash from them.

          Thereafter, the villagers gathered there and both of them were

          saved and admitted to the hospital for treatment.

                       4. It is submitted by learned counsel for the appellant

          that appellant has been falsely implicated in this case. From

          perusal of the FIR, it is clear that the name of the appellant did

          not there in the FIR rather his name has sprung in this case during

          investigation on the basis of suspicion that he is also a co-villager

          and resident of village where the alleged occurrence took place.

          The appellant has no concern with the alleged occurrence and he

          has neither assaulted nor abused the complainant and his nephew.

          Learned counsel for the appellant has submitted that there is

          specific allegation against co-accused Vijay Sah of assaulting and

          calling the complainant with caste name and of snatching Rs.

          10,000/-. There is no specific allegation against this appellant. He

          may only be the member of mob. Similarly situated other co-

          accused person has already been granted bail by learned co-
            Patna High Court CR. APP (SJ) No.3023 of 2025(4) dt.21-01-2026
                                                         3/3




                      ordinate Bench of this Court vide order dated 04.09.2025 passed

                      in Cr. App(SJ) No. 1889 of 2025. A statement has been made in

                      para-3 of this petiton that the appellant has got no criminal

                      antecedent. Moreover, he is languishing in judicial custody since

                      06.05.2025.

                                   5. The appeal for bail is opposed by learned Spl. P.P.

                      for the State.

                                   6. Having heard learned counsel for the parties and

                      taking into consideration that there is no any specific overt act

                      against the appellant, the Court is inclined to allow this appeal.

                      Accordingly, the appeal is allowed and the impugned order dated

                      30.05.2025 is hereby set aside.

                                    7. The appellant is directed to be enlarged on bail in

                      connection with Katra P.S. Case No. 57 of 2025 on furnishing

                      bail bond of Rs. 10,000/- (Rs. ten thousand only) with two

                      sureties of the like amount each to the satisfaction of the learned

                      Special Judge, SC/ST (POA) Act, Muzaffarpur.



                                             (Ashok Kumar Pandey, J)
Shubham/-

U     T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.