Patna High Court
Surendra PandeyversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The High Court set aside the lower court’s order and granted bail to the appellant.
Summary
The appellant, Surendra Pandey, was charged under several provisions of the Bharatiya Nyaya Sanhita and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for alleged participation in a violent assault on a farmer and his family, during which a death occurred. The trial court rejected his regular bail application, prompting an appeal to the Patna High Court. The appellant argued that the FIR only specifically implicated co‑accused in the homicide and that no specific allegation of caste‑based abuse was made against him, emphasizing his clean antecedents and the length of his custody. The State opposed bail, emphasizing the seriousness of the offences. The High Court, considering the nature of the accusations, the lack of specific incriminating details against the appellant, and the period of custody, set aside the lower court’s order and granted bail on a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether the appellant is entitled to regular bail despite being charged under multiple serious offences including the SC/ST Act.
- Whether the lack of specific allegations against the appellant in the FIR warrants denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 103(1), 109, 115(2), 126(2), 3(5), 351(2)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r), 3(1)(s)
Subjects
- regular bail
- criminal procedure
- SC/ST Act
- caste based violence
- Bharatiya Nyaya Sanhita
- appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3730 of 2025
Arising Out of PS. Case No.-581 Year-2024 Thana- BARUN District- Aurangabad
======================================================
Surendra Pandey S/O Parshuram Pandey R/O Village- Dhuria, P.S- Barun,
Distt.- Aurangabad, Bihar.
... ... Appellant/s
Versus
1. The State of Bihar
2. Manish Pandey S/O Late Ramlakhan Pandey R/O Village- Dhuriya, P.S-
Barun, Distt.- Aurangabad.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ravindra Kumar, Advocate
For the Respondent/s : Mr. Sadanand Paswan, Spl.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 22-01-2026 Despite order of issuance of notice to respondent no.
2 dated 09.10.2025, none appears on behalf of the respondent
no. 2.
2. Heard learned counsel for the appellant and the
State.
3. This appeal has been filed against the order dated
28.08.2025 passed by learned District and Additional Sessions
Judge-I-cum-Special Judge (SC/ST, NDPS & Children Act),
Aurangabad in connection with Regular Bail Application No.
1008 of 2025, arising out of Barun P.S. Case No. 581 of 2024
registered under Sections 126(2), 115(2), 109, 103(1), 351(2),
3(5) of Bharatiya Nyaya Sanhita and Sections 3(1)(r) and 3(1)
Patna High Court CR. APP (SJ) No.3730 of 2025(4) dt.22-01-2026
2/3
(s) of Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, whereby the prayer for regular bail of appellant
has been rejected.
4. As per prosecution case, informant, namely Manish
Pandey, alleges that on 19.12.2024, he along with his father and
brother was harvesting paddy crop, in the meantime, all the
F.I.R. named accused persons, including this appellant, came
there and threatened them to stop harvesting. It is further alleged
that after some time, they again came variously armed and
attacked informant, his father and brother and abused them by
caste name. During assault, this petitioner stabbed the informant
in the stomach and co-accused Vidya Bhushan Pandey assaulted
on head of Ram Lakhan Pandey by means of Garasa causing
his death on the spot.
5. Learned counsel for the appellant submits that from
perusal of the F.I.R. it is apparent that specific accusation is
against co-accused Vidya Bhushan Pandey and Chitranjan
Pandey of causing death of the deceased. Allegation against
appellant is general and omnibus and no specific role is
attributed to the appellant and there is no allegation of abuse by
caste name against the appellant. Appellant claims clean
antecedent and is in custody since 25.08.2025. Charge-sheet has
Patna High Court CR. APP (SJ) No.3730 of 2025(4) dt.22-01-2026
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already been submitted.
6. Learned Spl. Public Prosecutor for the State
vehemently opposed the bail application.
7. Considering the nature of accusation and period of
custody, this Court sets aside the impugned order and directs the
release of above named appellant 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 District and
Additional Sessions Judge-I-cum-Special Judge (SC/ST, NDPS
& Children Act), Aurangabad in connection with Regular Bail
Application No. 1008 of 2025, arising out of Barun P.S. Case
No. 581 of 2024.
(Prabhat Kumar Singh, J)
Navya/-
U T
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