Patna High Court
Raj Kumar PandeyversusThe State Of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- SC/ST (Prevention of Atrocities) Act — s. 3(1)(r), 3(1)(s)
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
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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
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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
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