Patna High Court
Aman KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The anticipatory bail is maintainable and the order rejecting it is set aside.
Summary
The Patna High Court heard three related criminal appeals (SJ Nos. 3903, 3747, 3914 of 2025) challenging an order that rejected anticipatory bail applications filed by the appellants in a case registered as PS Case No. 90 of 2025. The FIR alleged that the accused assaulted and fired bullets at the informant and his family, and the prosecution charged them under several sections of the Bihar Penal Code and the SC/ST (Prevention of Atrocities) Act. The appellants contended that the incident stemmed from a trivial personal dispute and that no offence was committed on the basis of the informant's SC/ST status, thus making anticipatory bail appropriate. The court examined the FIR and found no indication that the alleged acts were motivated by the informant's caste status and noted that the bullet did not hit anyone. Consequently, the court held that the anticipatory bail applications were maintainable, set aside the order dated 21‑08‑2025, and directed the release of the appellants on bail with specified conditions.
Issues considered
- Whether the anticipatory bail application is maintainable when the alleged offence under the SC/ST (POA) Act is alleged to arise from a trivial dispute rather than caste motive.
- Whether the FIR demonstrates that the offence was committed on the ground of the informant's SC/ST status.
- Whether the fact that the bullet fired did not cause injury affects the grant of anticipatory bail.
Legislation cited
- Bihar Penal Code (BNS) — s. 109, 115(2), 117(2), 126(2), 303(2), 3(5), 351(2), 351(3), 352, 76
- Code of Criminal Procedure — s. 438(2)
- SC/ST (Prevention of Atrocities) Act — s. 25(1-b)a, 26, 27, 3(1)(r), 3(1)(s), 35
Subjects
- anticipatory bail
- SC/ST Act
- trivial dispute
- high court
- criminal appeal
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3903 of 2025
Arising Out of PS. Case No.-90 Year-2025 Thana- KUDHNI District- Muzaffarpur
======================================================
Aman Kumar Son of Sanjay Singh Resident of Village - Akhtiyarpur,
Padeyan, P.S.- Kudhani, District - Muzaffarpur.
... ... Appellant/s
Versus
1. The State of Bihar Bihar
2. Sone Lal @ Soni Paswan Son of Late Saryug Paswan Resident of village -
Akhtiyarpur, Pedeyan, P.S.- Kudhani, District - Muzaffarpur.
... ... Respondent/s
======================================================
with
CRIMINAL APPEAL (SJ) No. 3747 of 2025
Arising Out of PS. Case No.-90 Year-2025 Thana- KUDHNI District- Muzaffarpur
======================================================
1. Sanjay Singh @ Sanjay Kumar Singh S/o Jagarnath Singh R/o vill-
Akhtiyarpur, Padeyan, P.S- Kudhani, Dist- Muzzafarpur
2. Anil Singh @ Anil Kumar Singh S/o Jagarnath Singh R/o vill- Akhtiyarpur,
Padeyan, P.S- Kudhani, Dist- Muzzafarpur
... ... Appellant/s
Versus
1. The State of Bihar Bihar
2. Sone Lal @ Soni Paswan S/o Late Saryug Paswan R/o vill- Akhtiyarpur,
Padeyan, P.S- Kudhani, Dist- Muzzafarpur
... ... Respondent/s
======================================================
with
CRIMINAL APPEAL (SJ) No. 3914 of 2025
Arising Out of PS. Case No.-90 Year-2025 Thana- KUDHNI District- Muzaffarpur
======================================================
Govind Singh @ Munna Kumar Son of Sanjay Singh Resident of Village -
Akhtiyarpur, Padeyan, P.S.- Kudhani, District - Muzaffarpur.
... ... Appellant/s
Versus
1. The State of Bihar Bihar
2. Sone Lal @ Soni Paswan Son of Late Saryug Paswan Resident of village -
Akhtiyarpur, Pedeyan, P.S.- Kudhani, District - Muzaffarpur.
... ... Respondent/s
======================================================
Patna High Court CR. APP (SJ) No.3903 of 2025(4) dt.12-03-2026
2/4
Appearance :
(In CRIMINAL APPEAL (SJ) No. 3903 of 2025)
For the Appellant/s : Mr.Sunil Kumar Singh
For the Respondent/s : Mr.Sadanand Paswan
(In CRIMINAL APPEAL (SJ) No. 3747 of 2025)
For the Appellant/s : Mr.Sunil Kumar Singh
For the Respondent/s : Mr.Sadanand Paswan
(In CRIMINAL APPEAL (SJ) No. 3914 of 2025)
For the Appellant/s : Mr.Sunil Kumar Singh
For the Respondent/s : Mr.Sadanand Paswan
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 12-03-2026 Heard the parties in all the aforesaid cases.
2. This appeal is preferred against the order dated
21.08.2025 passed in ABP No. 2562 of 2025 in Kudhani P.S.
Case No. 90 of 2025 registered for the offence under Sections
126(2), 115(2), 117(2), 109, 76, 303(2), 352, 351(2), 351(3),
3(5) of the BNS, under Sections 25(1-b)a, 26, 35, 27 and under
sections 3(1)(r),(s) of S.C/S.T. (POA) Act by which anticipatory
bail filed by the appellants has been rejected.
3. As per the prosecution case, it has been alleged by
the informant that the accused persons started abusing the
informant and his family and when they protested about the
same, the accused persons assaulted and fired.
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
the occurrence has taken place because of a trivial dispute
between the parties and therefore the application of the
Patna High Court CR. APP (SJ) No.3903 of 2025(4) dt.12-03-2026
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anticipatory bail is maintainable.
5. Learned counsel for the State and Informant 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 she is a member of SC/ST community and
primarily, it appears that the occurrence has taken place because
of a trivial dispute and not because of the fact that the informant
is a member of SC/ST community, 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 as well as the fact that the bullet fired
by the accused persons did not hit anyone, all the aforesaid
appeals are allowed and accordingly, the order dated
21.08.2025, is hereby set aside.
8. Let all the aforesaid 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 Special Judge-SC/ST (POA) Act,
Muzaffarpur,/concerned Court below in connection with
Kudhani P.S. Case No. 90 of 2025, subject to the conditions laid
Patna High Court CR. APP (SJ) No.3903 of 2025(4) dt.12-03-2026
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down under Section 438(2) of the Code of Criminal
Procedure/482(2) of the BNSS.
(Sandeep Kumar, J)
Vikas/-
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