Patna High Court
KRISHAN BALLAV PANDEY @ SATISH PANDEYversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
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
- Code of Criminal Procedure, 1973 — s. 144
- Indian Penal Code — s. 147, 149, 188, 307, 384
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r)(s), 3(2)(v)
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
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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
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these appellants only.
(Prabhat Kumar Singh, J)
Navya/-
U T
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