Patna High Court
MANISH KUMAR YADAV @ MANISH KUMARversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The order rejecting anticipatory bail was set aside and bail was granted to the appellant.
Summary
The appellant, Manish Kumar Yadav, appealed against the order of the Special Judge, SC/ST Act, Purnia dated 06-09-2022 which had rejected his anticipatory bail application in a case registered under Sections 341, 323, 504, 354 and 34 of the IPC and Sections 3(i)(r)(w)(s) and 3(2)(va) of the SC/ST Act. The prosecution alleged that the accused forcibly cut 50 bamboos, committed a mar-pit, issued death threats and abused the informant with caste slurs. The appellant contended that the allegations were vague, no specific overt act was ascribed to him, the injuries were minor and the incident did not occur in public view, thus no offence under the SC/ST Act could be made out. The Special Public Prosecutor opposed the bail, but the High Court, after noting the clean antecedents of the appellant and the lack of concrete evidence, set aside the lower court’s order. Consequently, the appeal was allowed and the appellant was released on bail upon furnishing a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether the appellant is entitled to anticipatory bail in the present case.
- Whether the allegations made in the FIR constitute a cognizable offence under the SC/ST (Prevention of Atrocities) Act.
- Whether the prosecution has established specific overt acts attributable to the appellant.
Legislation cited
- Indian Penal Code — s. 323, 34, 341, 354, 504
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(2)(va), 3(i)(r)(w)(s)
Subjects
- anticipatory bail
- SC/ST Act
- scheduled caste
- criminal procedure
- bail
- IPC offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3368 of 2022
Arising Out of PS. Case No.-124 Year-2022 Thana- JANKINAGAR District- Purnia
======================================================
MANISH KUMAR YADAV @ MANISH KUMAR Son of Manoj Yadav Resident of
Village- Khunt, Ward No.-10, P.S.- Jankinagar, District- Purnia
... ... Appellant/s
Versus
1. The State of Bihar
2. SANJAY KUMAR RAM @ SANJAY RAM Son of Late Baleshwar Ram Resident
of Village- Kunut Hatiya Tola, P.S.- Jankinagar, District- Purnea
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Shambhu Sharan Singh, Advocate
For the Respondent No. 2 : Mr. Kamlesh Kumar Pathak, Advocate
Ms. Suman Kumari, Advocate
For the Respondent/s : Mr. Binay Krishna, SPP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
6 29-01-2026 Heard learned counsel for the appellant and learned
counsel for the respondent no. 2 as well as learned Special P.P. for
of the State.
2. This appeal has been filed against the order dated
06.09.2022 passed by learned Special Judge, SC/ST Act, Purnia
in connection with Jankinagar P.S. Case No. 124 of 2022,
registered under Sections 341, 323, 504, 354 and 34 of the IPC
and Sections 3(i)(r)(w)(s), 3(2)(va) of Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act (for short “SC/ST
Act”), whereby the prayer for anticipatory bail of appellant has
been rejected.
3. As per prosecution case, it is alleged that all the
accused persons including this appellant forcibly cut 50 bamboos
Patna High Court CR. APP (SJ) No.3368 of 2022(6) dt.29-01-2026
2/2
and committed mar-pit with the informant and issued death
threat. It is further alleged that informant was also abused by
caste name.
4. Learned counsel for the appellant submits that there
is general and omnibus allegation levelled against the appellant.
No specific allegation of overt act has been attributed to the
appellant. Injuries are simple. As per FIR the alleged incidence
did not take place within the public view as such, no offence
under Section SC/ST Act is made out against this appellant.
5. Learned Spl. Public Prosecutor for the State opposed
the appeal of the appellant.
6. However, considering the aforesaid facts and
circumstances and clean antecedent, the impugned order dated
06.09.2022 is, hereby, set aside and this criminal appeal is
allowed.
7. Let the appellant, as named above, be released on
bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with
two sureties of the like amount each to the satisfaction of learned
Special Judge, SC/ST Act, Purnia, in connection with Jankinagar
P.S. Case No. 124 of 2022.
(Prabhat Kumar Singh, J)
khushbu/-
U T
Checking your session…