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Patna High Court

KRISHAN BALLAV PANDEY @ SATISH PANDEYversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted anticipatory bail to the appellants, setting aside the earlier order rejecting their bail application.

Summary

The appellants, six members of the Pandey family, were charged under Sections 147, 149, 307, 384 of the Indian Penal Code and Sections 3(1)(r)(s) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly assaulting an informant and using caste slurs. They contended that the allegations were false, arising from a land dispute in which respondent No.2, Anand Kumar, had fraudulently executed sale deeds in his favour and was himself facing prosecution under Section 188 of the IPC for violating a Section 144 order. The appellants argued that the FIR was vague, that a deceased person had been named as an accused, and that they had clean antecedents, seeking anticipatory bail. The Special Public Prosecutor and the counsel for the respondent opposed the bail application. The High Court held that, if the appellants surrendered within eight weeks and furnished bail bonds of Rs.10,000 with two sureties each, they should be released on bail. Consequently, the appeal was allowed and the order rejecting anticipatory bail dated 24.05.2023 was set aside for the appellants.

Issues considered

  • Whether the allegations under the SC/ST (Prevention of Atrocities) Act and the IPC constitute a case sufficient to deny anticipatory bail.
  • Whether the prosecution case is tainted by falsehoods arising from a land‑dispute and therefore warrants bail.
  • Whether the appellants are entitled to anticipatory bail upon surrender and furnishing of bail bonds.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • caste based violence
  • IPC offences
  • land dispute
  • false prosecution

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.3338 of 2023
                 Arising Out of PS. Case No.-555 Year-2022 Thana- SHAHPUR PATORI District- Samastipur
                 ======================================================
           1.     Krishan Ballav Pandey @ Satish Pandey Son Of Late Kameshwar Pandey
                  Resident Of Village Rupauli, Ps Patori, Dist- Samastipur
           2.    Murlidhar Pandey @ Sajan Pandey Son Of Late Kameshwar Pandey
                 Resident Of Village Rupauli, Ps Patori, Dist- Samastipur
           3.    Shyam Murari Pandey @ Madan Pandey Son Of Late Kameshwar Pandey
                 Resident Of Village Rupauli, Ps Patori, Dist- Samastipur
           4.    Gunjan Pandey @ Ravi Kumar Pandey Son Of Shyam Murari Pandey
                 Resident Of Village Rupauli, Ps Patori, Dist- Samastipur
           5.    Chandan Kumar Pandey @ Chandan Pandey Son Of Shyam Murari Pandey
                 @ Madan Pandey Resident Of Village Rupauli, Ps Patori, Dist- Samastipur
           6.    Abhishek Kumar @ Tutu Son Of Sadan Pandey Resident Of Village
                 Rupauli, Ps Patori, Dist- Samastipur

                                                                                  ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Anand Kumar Son Of Late Ram Punit Das Resident Of Village- Rupauli, Ps-
                 Patori, Dist- Samastipur

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Bibhakar Tiwary, Advocate
                 For the Respondent/s    :        Mr. Usha Kumari 1, Spl. Public Prosecutor
                 For the R.No. 2         :        Mr. Kumar Praveen, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   09-04-2026                  Heard learned counsel for the appellants, respondent

                   no. 2 and the State.

                               2. This appeal has been filed against the order dated

                   24.05.2023 passed by learned Special Judge, SC/ST (POA) Act,

                   Samastipur in ABP No. 1318 of 2023 arising out of Patori P.S.

                   Case No. 555 of 2022 registered under Sections 147, 149, 307,

                   384 of the Indian Penal Code and Section 3(1)(r)(s), 3(2)(v) of
Patna High Court CR. APP (SJ) No.3338 of 2023(3) dt.09-04-2026
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          Scheduled Castes and Scheduled Tribes (Prevention of

          Atrocities) Act, whereby the prayer for anticipatory bail of

          appellants has been rejected.

                       3. As per F.I.R., all the named accused persons,

          including these appellants abused the informant by caste name

          and assaulted him.

                       4. Learned counsel for the appellants submits that

          appellants are innocent and have committed no offence. As a

          matter of fact, respondent no. 2 in collusion with Dhananjay

          Pandey fraudulently executed two sale deeds dated 27.08.2020

          and 24.02.2021 in his favour with regard to the lands of these

          appellants for which appellants preferred petition before the

          Sub-Divisional Magistrate, Patori on the basis of which,

          proceeding under Section 144 Cr.P.C. bearing case MR No. 210

          of 2021. It is further submitted that respondent no. 2 violated the

          order dated 1.06.2021 passed under Section 144 Cr.P.C. as a

          result of which proceeding under Section 188 of the Indian

          Penal Code was also initiated against him. Appellant no. 1 had

          also preferred Title Suit No. 71 of 2021 before the court of Civil

          Judge, Junior Division, Shahpur Patori, Samastipur for declaring

          the sale deeds dated 27.08.2020 and 24.02.2021, executed in

          favour of respondent no. 2, as illegal, inoperative and not
Patna High Court CR. APP (SJ) No.3338 of 2023(3) dt.09-04-2026
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          binding which is still pending for consideration. Falsity of the

          prosecution case would be evident from the fact that Dr. Krishna

          Murari Pandey who died on 3.12.2020 has also been made

          accused in the complaint petition. Allegation of assault is

          general and omnibus and there is no allegation of any specific

          overt act against these appellants. Informant has not alleged that

          any member of public was present at the place of occurrence

          and as such, no case under SC/ST Act is made out against the

          appellants. Appellants claim clean antecedent.

                       5. Learned Spl. Public Prosecutor for the State as well

          as learned counsel for the respondent no. 2 vehemently opposed

          the bail application.

                       6. Considering the aforesaid facts, let the appellants,

          as named above, in the event of their arrest/surrender within a

          period of eight weeks from today, be enlarged on bail on

          furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with

          two sureties of the like amount each to the satisfaction of

          learned Special Judge, SC/ST (POA) Act, Samastipur in ABP

          No. 1318 of 2023 arising out of Patori P.S. Case No. 555 of

          2022.

                       7. Accordingly, this criminal appeal is allowed and

          impugned order dated 24.05.2023 is set aside with respect to
              Patna High Court CR. APP (SJ) No.3338 of 2023(3) dt.09-04-2026
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                        these appellants only.



                                               (Prabhat Kumar Singh, J)
Navya/-

U         T


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