Patna High Court
Sandeep Tiwari @ Sanju Tiwari @ Sandeep Kumar TiwariversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Criminal Procedure Code — s. 482(2)
- Bihar Penal Code — s. 109, 115(2), 126(2), 191(2), 191(3), 303(1), 324(4), 351(2), 351(4)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(1)(r), 3(1)(s)
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/-
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