Patna High Court
Sandeep KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- RAJIV ROY
Holding
The High Court set aside the order refusing anticipatory bail and granted bail to the appellant with conditions.
Summary
The appellant, Sandeep Kumar, a 21‑year‑old student, was charged under several provisions of the Bihar Non‑tribal Act and the SC/ST (Prevention of Atrocities) Act for allegedly assaulting an informant with a rod, farsa and knife, causing simple injuries. The trial court denied his prayer for anticipatory bail. On appeal, the High Court noted that the injury was simple, there was no evidence that the caste name was uttered in public, and the appellant had no prior criminal record. Considering his youth, student status and the lack of aggravating factors, the Court granted anticipatory bail with stringent conditions. Consequently, the order refusing bail was set aside and the appeal was allowed.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged offences under the Bihar Non‑tribal Act and the SC/ST (Prevention of Atrocities) Act.
- Whether the alleged assault involved the public utterance of a caste name, a requisite element under the SC/ST Act.
- Whether the nature of the injury (simple) and the appellant’s lack of criminal antecedents justify the grant of anticipatory bail.
Legislation cited
- SC/ST (Prevention of Atrocities) Act — s. 3(1)(r), 3(1)(s), 3(2)(va)
Subjects
- anticipatory bail
- SC/ST Act
- caste violence
- simple injury
- bail conditions
- student accused
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3415 of 2025
Arising Out of PS. Case No.-36 Year-2025 Thana- THAWE District- Gopalganj
======================================================
Sandeep Kumar S/o- Vijay Sah @ Vinay Kumar @ Vinay Kumar Sah Village-
Kabilashpur, V.S. Mill, PS- Thawe, District Gopalganj
... ... Appellant/s
Versus
1. The State of Bihar.
2. Dilip Kumar Pasi S/o- Sudama Pasi Village- Kabilashpur Ps- Thawe Dist-
Gopalganj
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Indrajeet Bhushan, Advocate
For the Respondent/s : Mr. Sadanand Paswan, Spl.P.P.
For the Informant : Dr. Anand Kumar, Advocate
Ms. Anuradha Mishra, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 25-02-2026 Heard the parties.
2. This appeal has been filed for setting aside the
order dated 17.07.2025 passed by learned Additional Sessions
Judge-XI-cum-Spl. Judge SC/ST Act, Gopalganj in connection
with Thawe P.S. Case No. 36 of 2025 registered for the offence
punishable under sections 329(3), 126(2), 115(2), 118(1), 109,
352, 351(2) and 3(5) of the BNS and Sections 3(1)(r), 3(1)(s)
and 3(2)(va) of the SC/ST Act whereby the prayer for
anticipatory bail of the appellant has been rejected.
3. As per the prosecution story, the informant alleged
that on the fateful day, he was at his home when the accused
persons came armed variously and after abuse and taking caste
Patna High Court CR. APP (SJ) No.3415 of 2025(4) dt.25-02-2026
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name, Vishal Kumar, Manish Kumar and Sandeep Kumar
(appellant herein) gave rod, farsa and knife blow causing injury
as a result whereof, he was shifted to Sadar Hospital, Gopalganj
which followed the FIR.
4. Learned counsel for the appellant submits that the
injury has been found to be simple in nature, the appellant, in
any case, only been roped in because he is a student having
passed his intermediate exam in the year 2024 and pursuing his
graduation from Gorakhpur University, Gorakhpur and the last
submission is that he do not have any criminal antecedent.
5. Leaned APP as also learned counsel representing
the respondent no. 2 oppose the prayer submitting that
allegation of giving knife blow is on the appellant.
6. Considering the submission of the parties as also
that the appellant is a student, only twenty one years of age,
have no criminal antecedent, though the allegation has been
made, injury has been found to be simple in nature and there is
nothing on record to show that the caste name was taken in
public view, in that background, this Court is inclined to extend
him the privilege of anticipatory bail.
7. The impugned order dated 17.07.2025 passed by
learned Additional Sessions Judge-XI-cum-Spl. Judge SC/ST
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Act, Gopalganj in connection with Thawe P.S. Case No. 36 of
2025 stands set aside and the appeal is allowed.
8. Let the appellants, named above, in the event of
arrest/surrender within a period of eight weeks from the date of
receipt/production of a copy of this order, be enlarged on bail on
furnishing bail bond of Rs. 10,000/- (Ten thousand) each with
two sureties of the like amount each to the satisfaction of the
learned Additional Sessions Judge-XI-cum-Spl. Judge SC/ST
Act, Gopalganj in connection with Thawe P.S. Case No. 36 of
2025 subject to the following conditions:
(i) one of the bailor should be the family
member/relative of the appellant who shall provide official
document to show his/her bona fide;
(ii) the appellant shall be appearing before the Police
Station as and when required for cooperating in the
investigation;
(iii) the appellant shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his
bail bond by the Trial Court itself;
(iv) the appellant shall appear before the concerned
police station every month for six months to mark his
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attendance and after the end of the period, the certificate shall be
submitted before the Trial Court failing which steps shall be
taken for the cancellation of the bail bonds;
(v) the appellant shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(vi) the appellant shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Adnan/-
U T
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