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Patna High Court

Sandeep Tiwari @ Sanju Tiwari @ Sandeep Kumar TiwariversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The order refusing anticipatory bail is set aside and anticipatory bail is granted to the appellant subject to conditions under Section 482(2) of the Bihar Criminal Procedure Code.

Summary

The appellant, Sandeep Tiwari, was charged under several sections of the Bihar Penal Code and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly assaulting and robbing Vishwanath Manjhi, during which caste slurs were allegedly used. The Special Judge had refused anticipatory bail, prompting an appeal under the SC/ST Act. The appellant argued that the allegations were vague, that the caste abuse was directed at another individual, and that he had no prior criminal record, citing similar bail orders granted to co‑accused in other cases. The State opposed the bail, maintaining the seriousness of the offences. The Patna High Court, after considering the submissions, set aside the lower court’s order and granted anticipatory bail subject to conditions under Section 482(2) of the Bihar Criminal Procedure Code. Consequently, the appeal was allowed.

Issues considered

  • Whether anticipatory bail should be granted to the appellant under the SC/ST Act and related provisions.
  • Whether the allegations against the appellant are sufficiently specific to deny bail.
  • Whether the lower court erred in refusing bail in view of similar orders granted to co‑accused.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • caste violence
  • false implication
  • bail jurisprudence
  • criminal procedure
  • assault
  • theft

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.3088 of 2025
                      Arising Out of PS. Case No.-57 Year-2025 Thana- KATRA District- Muzaffarpur
                 ======================================================
                 Sandeep Tiwari @ Sanju Tiwari @ Sandeep Kumar Tiwari S/o Chunnu Tiwari
                 @ Manoj Tiwari R/o vill - Sonpur Gatoli, P.S.- Katra, Distt.- Muzaffarpur

                                                                                   ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Vishwanath Manjhi S/o Bhola Manjhi R/o vill - Dargah, P.S. - Katra, Distt.-
                 Muzaffarpur

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Ajay Kumar Thakur, Advocate
                                                  Mr. Purushottam Kumar, Advocate
                                                  Mr. Shivam, Advocate
                                                  Mr. Mudit Meet, Advocate
                 For the Respondent/s    :        Mr. Sadanand Paswan, Spl.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   08-05-2026                    Heard learned counsel for the appellant and learned

                   Spl. P.P. for the State.

                                2. This is an appeal filed under the Scheduled Castes

                   and Scheduled Tribes (Prevention of Atrocities) Act, 1989

                   (hereinafter referred to as the “SC/ST Act”) against the refusal

                   of prayer for anticipatory bail vide order dated 02.07.2025

                   passed by the learned Special Judge, SC/ST (POA) Act,

                   Muzaffarpur in connection with Katra P.S. Case No. 57 of 2025

                   registered for the offences punishable under Sections 191(2),

                   191(3), 109, 303(1), 324(4), 126(2), 115(2), 351(2), 351(4) of

                   BNS and Sections 3(1) (r), 3(1) (s) of SC/ST Act.
Patna High Court CR. APP (SJ) No.3088 of 2025(3) dt.08-05-2026
                                             2/3




                       3. The case of the respondent, in short, is that the

          appellant along with others six named and 25-30 unknown

          persons apprehended the respondent and took the key of his bike

          and started assaulting him considering him to be a thief. On this,

          the respondent disclosed that he is not a thief rather he is

          Vishwanath Manjhi. After this, one Vijay Sah abused him with

          caste name and started assaulting and Rs. 10,000/- was taken by

          the mob. He was tied with a pole. After that, police arrived and

          his life was saved.

                       4. Learned counsel for the appellant submits that the

          appellant has been falsely implicated in the instant case. He is

          having no criminal antecedent. Learned counsel has submitted

          that from perusal of the FIR, it is clear that the nature of

          allegation is general and omnibus and allegation of abusing with

          caste name is against Vijay Sah not against this appellant. It has

          further been submitted that due to intervention of well-wishers,

          the parties have compromised their case. He has further

          submitted that similarly situated co-appellants have been

          granted bail by learned co-ordinate Bench of this court and by

          this Court vide Cr. App(SJ) No. 4413 of 2025 and Cr. APP(SJ)

          No. 3023 of 2025 respectively. The case of this appellant stands

          on similar footing.

                       5. Learned Spl. P.P. for the State has vehemently
            Patna High Court CR. APP (SJ) No.3088 of 2025(3) dt.08-05-2026
                                                         3/3




                      opposed the appeal.

                                   6. In view of the submissions made by the learned

                      counsel for the appellant, the order dated 02.07.2025 passed by

                      the learned Special Judge, SC/ST Muzaffarpur in connection

                      with Katra P.S. Case No. 57 of 2025 is hereby set aside and the

                      appellant above-named, in the event of his arrest or surrender

                      before the learned Court below within a period of six weeks

                      from today, be released on anticipatory bail on furnishing bail

                      bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties

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

                      below where the case is pending/successor court in connection

                      with Katra P.S. Case No. 57 of 2025 ,subject to the conditions as

                      laid down under Section 482 (2) of the BNSS.

                                   7. Accordingly the appeal stands allowed.



                                             (Ashok Kumar Pandey, J)
shubham/-

U     T


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