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Patna High Court

Mithilesh KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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