Created by Fuzzy Cloud

Patna High Court

Mithilesh Kumar Sharma @ Mithilesh SharmaversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appeal is allowed and anticipatory bail is granted to the appellants subject to bond and surety conditions.

Summary

The appellants, Mithilesh Kumar Sharma and Vipul Kumar Prasad, were charged under several sections of the Bihar Negotiable Sale Act and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for alleged assault and caste-based abuse during a Jio‑tagging operation. They filed an appeal under Section 14‑A(2) of the SC/ST Act against the trial court’s refusal to grant anticipatory bail. The appellants argued they have clean antecedents, the informant failed to appear despite notice, and the allegations do not specifically indicate a motive based on the informant’s SC/ST status. The State opposed the bail. The Patna High Court, considering the facts and the lack of a clear caste‑based motive, granted anticipatory bail subject to bond and surety conditions, and allowed the appeal.

Issues considered

  • Whether the allegations constitute an offence punishable under the SC/ST (Prevention of Atrocities) Act.
  • Whether anticipatory bail should be granted under Section 14‑A(2) of the SC/ST Act.
  • Whether the informant’s non‑appearance affects the merit of the bail application.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • caste based offence
  • false implication
  • criminal procedure
  • Bihar law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.3717 of 2025
                          Arising Out of PS. Case No.-24 Year-2025 Thana- SC/ST District- Saran
                 ======================================================
           1.     Mithilesh Kumar Sharma @ Mithilesh Sharma son of Vijay Shankar Sharma
                  Resident of Village- Mauje Gova PS -Sahajitpur Distt- Saran
           2.    Vipul Kumar Prasad @ Vipul Prasad son of Manoj Prasad Resident of
                 Village- Mauje Gova PS -Sahajitpur Distt- Saran

                                                                                     ... ... Appellant/s
                                                        Versus
           1.    The State of Bihar
           2.    Mangal Manjhi, Gramin Awas Sahayak, Panchayt Gova Piparpati, Prakhand
                 Baniyapur, Dist - Saran bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :        Mr. Lalan Kumar
                 For the Respondent/s     :        Ms. Usha Kumari 1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   05-05-2026                 1.Heard learned counsel for the appellants, learned

                   Spl. P.P. for the State. No one appears on behalf of the

                   informant.

                               2. This is an appeal under Section 14-A(2) of the

                   Scheduled Castes and Scheduled Tribes (Prevention of

                   Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST

                   Act”) against the refusal of prayer for anticipatory bail vide

                   order dated 12.08.2025 in A.B.P. No. 2410/2025 passed by the

                   learned Exclusive Special Judge S.C./S.T. Act, Saran at Chapra

                   in connection with District Saran SC/ST P.S. Case No.

                   51230755250024 dated 15.06.2025 registered for the offences
Patna High Court CR. APP (SJ) No.3717 of 2025(4) dt.05-05-2026
                                             2/3




          punishable under Sections 126(2), 115(2), 1182, 352 and 3(5) of

          the BNS as well as Sections 3(1)(r)(s) and 3(2)(va) of the SC/ST

          Act.

                       3. Learned counsel for the appellants submits that the

          appellants are persons with clean antecedent. It is next

          submitted that informant despite receiving notice chooses not to

          appear and contest. It is further submitted that the informant

          alleges that when he was performing the work of Jio tagging in

          the panchayat, the accused persons including the appellants

          came and pressurized him to do Jio tagging of wrong house but

          when informant refused he was assaulted and abused by taking

          caste name.

                       4. Learned counsel for the appellants submits that the

          appellants have been falsely implicated in the instant case by the

          informant. It is further submitted that the date of occurrence is

          13.06.2025 and FIR came to be instituted on 15.06.2025. It is

          next submitted that allegation of abuse and assault is not

          specific and from reading of the allegation, it manifests that the

          occurrence was not committed for the reason that informant

          belongs to SC/ST category. It is next submitted that this perhaps

          explains why the informant despite receiving notice chooses not

          to appear and contest.
             Patna High Court CR. APP (SJ) No.3717 of 2025(4) dt.05-05-2026
                                                          3/3




                                    5. Learned Spl. P.P. for the State opposes the prayer

                       for anticipatory bail of the appellants.

                                    6. Considering the aforesaid facts, let the appellants

                       above-named, in the event of their arrest or surrender within a

                       period of six weeks from today, be released on anticipatory bail

                       on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand)

                       each with two sureties of the like amount each to the satisfaction

                       of the learned trial court where the case is pending/successor

                       court in connection with the aforesaid case, subject to the

                       conditions as laid down under Section 482 (2) of the BNSS.

                                    7. Accordingly, the appeal stands allowed.



                                                  (Satyavrat Verma, J)
amit/-

U        T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.