Patna High Court
Pankaj Kumar @ Pankaj PandeyversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The appeal is allowed and the order rejecting anticipatory bail is set aside, permitting the appellants to obtain bail subject to statutory conditions.
Summary
The appellants, a group of twelve men from Chilkhi village, appealed against the order of the District and Additional Sessions Judge that rejected their anticipatory bail application in a case registered under multiple sections of the BNS and the SC/ST (Prevention of Atrocities) Act. The FIR alleged that a fight broke out on the eve of Holi between two groups, resulting in injuries, but the prosecution’s case did not establish that any offence was committed against a member of the SC/ST community. The appellants contended that they were falsely implicated and that the dispute was trivial, rendering the application of the SC/ST Act inappropriate. The State opposed the bail. The High Court held that the FIR did not show a specific SC/ST offence and therefore the anticipatory bail was maintainable. Consequently, the appeal was allowed, the earlier order was set aside, and the appellants were directed to be released on bail upon furnishing bonds and sureties, subject to conditions under Section 438(2) CrPC and Section 482(2) BNSS.
Issues considered
- Whether anticipatory bail is maintainable when the alleged offence under the SC/ST (Prevention of Atrocities) Act is not substantiated.
- Whether the FIR demonstrates an offence committed against a member of the SC/ST community.
- Whether the application of the SC/ST Act is appropriate in a case arising from a trivial dispute.
Legislation cited
- BNS — s. 115(2), 126(2), 190, 191(2), 351(2), 352, 74
- BNSS — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- SC/ST Act
- false implication
- trivial dispute
- bail conditions
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3590 of 2025
Arising Out of PS. Case No.-53 Year-2025 Thana- AMBA District- Aurangabad
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1. Pankaj Kumar @ Pankaj Pandey Son of Sanjay Pandey R/o Village -
Chilkhi, P.S. - Amba, Dist. - Aurangabad.
2. Balniketan Pandey @ Balniketan Kumar Son of Vijay Pandey R/o Village -
Chilkhi, P.S. - Amba, Dist. - Aurangabad.
3. Sambhu Nath Pandey Son of Late Ram Bilash Pandey R/o Village - Chilkhi,
P.S. - Amba, Dist. - Aurangabad.
4. Saket Kumar Son of Arun Pandey R/o Village - Chilkhi, P.S. - Amba, Dist. -
Aurangabad.
5. Vicky Kumar @ Gaurav Kumar Son of Rakesh Pandey R/o Village -
Chilkhi, P.S. - Amba, Dist. - Aurangabad.
6. Bipin Pandey Son of Rajeshwar Pandey R/o Village - Chilkhi, P.S. - Amba,
Dist. - Aurangabad.
7. Munna Pandey @ Tej Bahadur Pandey Son of Yamuna Pandey R/o Village -
Chilkhi, P.S. - Amba, Dist. - Aurangabad.
8. Abhayanand Pandey @ Abhay Pandey Son of Dhananjay Pandey R/o
Village - Chilkhi, P.S. - Amba, Dist. - Aurangabad.
9. Ankit Pandey @ Ankit Kumar Son of Sashipal Pandey R/o Village - Chilkhi,
P.S. - Amba, Dist. - Aurangabad.
10. Gaurabh Kumar @ Shekhar Raj @ Gaurav Kumar @ Sekhar Raj Son of
Abhay Pandey R/o Village - Chilkhi, P.S. - Amba, Dist. - Aurangabad.
11. Ranjan Pandey @ Ranjan Kumar Pandey Son of Sanjay Pandey R/o Village
- Chilkhi, P.S. - Amba, Dist. - Aurangabad.
12. Ajay Pandey @ Abhay Kumar Pandey Son of Yamuna Pandey R/o Village -
Chilkhi, P.S. - Amba, Dist. - Aurangabad.
... ... Appellants
Versus
1. The State of Bihar
2. Dinesh Paswan Son of Late Chote Paswan R/o Village - Chilkhi, P.S. -
Amba, Dist. - Aurangabad.
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr.Santosh Kumar Pandey, Advocate
For the Respondent/s : Mr.Sadanand Paswan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 12-03-2026 Heard the parties.
Patna High Court CR. APP (SJ) No.3590 of 2025(4) dt.12-03-2026
2/3
2. This appeal is preferred against the order dated
08.08.2025 passed by the learned District and Additional
Sessions Judge-Ist-cum-Special Judge, (SC/ST)- NDPS and
Children Act, Aurangabad in connection with Amba P.S. Case
No. 53 of 2025 registered for the offence under Sections 191(2),
190, 126(2) 115(2), 74, 352, 351(2) of the BNS and under
section 3 (2) (s), 3(1)(r), 3 (1) (w), 3(2)(va) of S.C/S.T. (POA)
Act by which anticipatory bail filed by the appellants has been
rejected.
3. As per the prosecution case, on the eve of holi, two
groups had fought and both parties have sustained injuries.
4. Learned counsel for the appellants submits that the
appellant has falsely been implicated in this case and no offence
under the provisions of SC/ST Act is made out in this case as it
was filed due to a trivial dispute between the parties and
therefore the application of the anticipatory bail is maintainable.
5. Learned counsel for the State has opposed the
prayer of the appellant.
6. From the reading of the entire FIR it does not
appear that offence has been committed against the informant on
the ground that he is a member of SC/ST community and
primarily, it appears that due to a trivial dispute, this case has
Patna High Court CR. APP (SJ) No.3590 of 2025(4) dt.12-03-2026
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been filed and therefore, this application for grant of
anticipatory bail is held to be maintainable.
7. Considering the facts of the case and the rival
submissions of the parties, this appeal is allowed and
accordingly, the order dated 08.08.2025 passed by the learned
District and Additional Sessions Judge-Ist-cum-Special Judge,
(SC/ST)- NDPS and Children Act, Aurangabad in connection
with Amba P.S. Case No. 53 of 2025 , is hereby set aside.
8. Let the appellants, in the event of their arrest or
surrender within four weeks from today, be released on bail on
furnishing bail bonds of Rs. 10,000/-(Rupees Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of the learned District and Additional Sessions Judge-Ist-cum-
Special Judge, (SC/ST)- NDPS and Children Act, Aurangabad
in connection with Amba P.S. Case No. 53 of 2025, subject to
the conditions laid down under Section 438(2) of the Code of
Criminal Procedure/482(2) of the BNSS.
(Sandeep Kumar, J)
tusharika/-
U T
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