Patna High Court
Mithilesh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail is maintainable and the lower court's order denying it is set aside.
Summary
The appellants, Mithilesh Kumar and Mukesh Kumar, were charged under several provisions of the Bharatiya Nyaya Sanhita, 2023 and the SC/ST (Prevention of Atrocities) Act for allegedly assaulting a victim and his family by invoking caste. They applied for anticipatory bail, which was denied by the District and Additional Sessions Judge. On appeal, the Patna High Court examined the FIR and found no evidence that the alleged offence was committed on the basis of the victim's SC/ST status, characterising the prosecution as mala fide. The Court also noted that no physical injury to the victims was established. Consequently, the Court held that the anticipatory bail application was maintainable, set aside the lower court’s order, and directed that the appellants be released on bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail is maintainable when the alleged offence under the SC/ST Act is not substantiated.
- Whether the FIR demonstrates an offence committed on the ground of the victim's SC/ST status.
- Whether the lower court's denial of anticipatory bail was justified.
- Whether bail can be granted under Section 438(2) of the CrPC and Section 482(2) of the BNSS in the present circumstances.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 191(2), 191(3), 351(1), 352, 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- SC/ST (Prevention of Atrocities) Act — s. 3(2)(va), 3(i)(r), 3(i)(s)
Subjects
- anticipatory bail
- SC/ST Act
- mala fide prosecution
- bail conditions
- criminal procedure
- BNSS
- section 438 CrPC
- section 482 BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3108 of 2025
Arising Out of PS. Case No.-248 Year-2024 Thana- MEDNI CHAUKI District- Lakhisarai
======================================================
1. Mithilesh Kumar S/O Ramjee Yadav R/O Vill. - Abgil Rampur, P.S. -
Mednichowki, Dist.- Lakhisarai
2. Mukesh Kumar S/o Ramjee Yadav R/O Vill. - Abgil Rampur, P.S. -
Mednichowki, Dist.- Lakhisarai
... ... Appellant/s
Versus
1. The State of Bihar BIHAR
2. Murari Rajak S/O Late Kamleshwar Rajak R/O Vill. - Abgil Rampur, P.S. -
Mednichowki, Dist.- Lakhisarai
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Umesh Prasad, Advocate
For the Respondent/s : Ms..Usha Kumari 1, Spl.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 03-04-2026 Heard learned counsel for the appellants, the learned
Spl. P.P. for the State.
2. No one appears for respondent no. 2, despite valid
service of notice to respondent no. 2.
3. This appeal is preferred against the order dated
07.07.2025 passed by the learned District and Additional
Sessions Judge -1st -cum- Special Judge, SC/ST Act, Lakhisarai
in ABP No. 631 of 2025 arising out of Mednichowki P.S. Case
No. 248 of 2024 registered for the offence under Sections
126(2), 191(2), 191(3), 115(2), 352 and 351(1) of the Bharatiya
Nyaya Sanhita, 2023 and under Sections 3(i)(r), 3(i)(s) and 3(2)
Patna High Court CR. APP (SJ) No.3108 of 2025(4) dt.03-04-2026
2/3
(va) of the SC/ST (POA) Act, by which the prayer of the
appellants for anticipatory bail was rejected.
4. As per the prosecution case, the appellants are
accused of assaulting and abusing the victim and his family
members by taking caste name.
5. Learned counsel for the appellants submits that the
appellants have falsely been implicated in this case and no
offence under the provisions of SC/ST Act is made out in this
case and therefore the application of the anticipatory bail is
maintainable. He further submits for a trivial dispute, the
occurrence has taken place. There is no specific allegation
against the appellants.
6. Learned counsel for the State has vehemently
opposed the prayer of the appellants.
7. I have heard and considered the submissions of the
parties. From the reading of the entire FIR, it does not appear
that the offence has been committed against the informant and
his family members on the ground that they are a member of
SC/ST community and the same appears to be a mala fide
prosecution.
8. In these circumstances, in the opinion of this Court,
this application for grant of anticipatory bail is held to be
Patna High Court CR. APP (SJ) No.3108 of 2025(4) dt.03-04-2026
3/3
maintainable.
9. Though the appellants are accused of causing injury
to the victims but from the perusal of the materials available on
record, no injury has been found on the body of the victims.
10. Considering the aforesaid facts and circumstances
of the case, this appeal stands allowed. Accordingly, the order
dated 07.07.2025 passed by the learned District and Additional
Sessions Judge -1st -cum- Special Judge, SC/ST Act, Lakhisarai
in ABP No. 631 of 2025 arising out of Mednichowki P.S. Case
No. 248 of 2024 is hereby set aside.
11. Let the appellant, in the event of his arrest or
surrender within four weeks from today, be released on bail on
furnishing bail bonds of Rs. 10,000/-(Rupees Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of the learned District and Additional Sessions Judge-I-cum-
Special Judge, SC/ST Act, Lakhisarai/concerned Court below in
connection with Mednichowki P.S. Case No. 248 of 2024,
subject to the conditions laid down under Section 438(2) of the
Code of Criminal Procedure/Section 482(2) of the BNSS.
(Sandeep Kumar, J)
tusharika/-
U T
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