Patna High Court
Manoj RamversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- R P MISHRA
Holding
In the absence of specific allegations against the appellants, the court held that anticipatory bail must be granted and the lower court's order denied.
Summary
The appellants, Manoj Ram and Santosh Ram, were accused of firing on the informant's house on 10 October 2024, resulting in the death of the informant's son and injuries to others. They sought anticipatory bail under the Bharatiya Nyaya Sanhita, 2023, the Arms Act and the SC/ST (PoA) Act, but the Exclusive Special Judge denied the relief. The appellants contended that no specific allegation linked them to the offence and that they did not use the informant's caste name in public, thus negating any SC/ST violation. The State and the informant opposed the bail, arguing the seriousness of the offence. The Patna High Court, noting the lack of specific charges against the appellants, allowed the appeal, set aside the lower court’s order and granted anticipatory bail subject to conditions under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail can be granted in the absence of specific allegations against the accused under the BNSS, 2023.
- Whether the conduct alleged amounts to an offence under the SC/ST (PoA) Act.
- Whether the conditions of Section 482(2) of the BNSS, 2023, justify granting bail.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 109, 3(5), 482(2)
Subjects
- anticipatory bail
- SC/ST Act
- Arms Act
- criminal procedure
- Section 482
- Bharatiya Nyaya Sanhita
- specific allegation
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3476 of 2025
Arising Out of PS. Case No.-562 Year-2024 Thana- GAURICHAK District- Patna
======================================================
1. Manoj Ram S/O Siyaram R/O Bibipur, Masarhi, P.S.- Gaurichak, District-
Patna
2. Santosh Ram @ Santosh Kumar S/o Siyaram R/O Bibipur, Masarhi, P.S.-
Gaurichak, District- Patna
... ... Appellant/s
Versus
1. The State of Bihar
2. Rajiv Paswan S/O Surendra Paswan R/O Vill.- Bibipur, Masarhi, P.S.-
Gaurichak, District- Patna
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. N.K. Agarwal, Sr. Advocate
Mr. Vijay Anand, Advocate
For the State : Mr. Binay Krishna, SPP
For the Informant : Mr. N.A. Shamshi, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 09-02-2026 Heard learned counsel for the appellants and learned
Special Public Prosecutor for the State as also learned counsel
for the informant. Perused the case diary.
2. The instant appeal has been filed by the appellants
against the order dated 06.06.2025 passed by learned Exclusive
Special Judge, SC/ST (PoA) Act, Patna whereby the prayer for
anticipatory bail of the appellants in connection with Gaurichak
PS Case No. 562 of 2024 instituted under Sections 103(1), 109
& 3(5) of the Bharatiya Nyaya Sanhita, 2023, Section 27 of the
Arms Act and Section 3(2)(v) of SC/ST Act was rejected.
Patna High Court CR. APP (SJ) No.3476 of 2025(3) dt.09-02-2026
2/3
3. The prosecution case, in brief, is that on
10.10.2024 all the named accused persons, armed with firearms,
came to the door of the informant, abused him and opened
indiscriminate firing. During the firing, a bullet hit the
informant’s son on his forehead causing his death, while Sunita
Devi sustained a gunshot injury on her right arm and Kaushal
Paswan narrowly escaped injury. After committing the offence
and threatening the family members with dire consequences, the
accused persons fled from the place of occurrence.
4. Learned counsel for the appellants submits that the
appellants are innocent and have falsely been implicated in the
present case. There is no specific allegation against the
appellants, rather the same is general and omnibus in nature.
Learned counsel for the appellants further submits that the
appellant have not taken the caste name of the informant in
public view. Hence, no offence under the provisions of SC/ST
Act is made out against them. The appellants have no intention
to disgrace the image of the informant in public view. The
appellants bear no criminal antecedent each.
5. Learned Special P.P. for the State and the informant
have vehemently opposed the prayer for grant of bail to the
appellants.
Patna High Court CR. APP (SJ) No.3476 of 2025(3) dt.09-02-2026
3/3
6. Considering the aforesaid facts and circumstances
of the case, there being no specific allegation against the
appellants, this Court is inclined to allow the appeal.
Accordingly, the appeal is allowed and order dated 06.06.2025
passed by learned Exclusive Special Judge, SC/ST (PoA) Act,
Patna is hereby set aside.
7. Let the appellants, above-named, in the event of
their arrest or surrender before the learned Court below within a
period of six weeks from today, be released on anticipatory bail
on furnishing bail bonds of Rs.15,000/- (Rupees Fifteen
Thousand) each with two sureties of the like amount each to the
satisfaction of the learned court below where the case is
pending/successor court in connection with Gaurichak PS Case
No. 562 of 2024, subject to the conditions as laid down under
Section 482(2) of the BNSS, 2023.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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