Patna High Court
Manjesh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The appeal is allowed and the order denying bail is set aside, granting bail to the appellant.
Summary
Manjesh Kumar was arrested in connection with a violent attack on a brick kiln where several workers were assaulted and one was killed. The informant, Umesh Singh, alleged that the accused, identified through CCTV footage, participated in the assault, leading to charges under the Bihar Negotiable Instruments (B.N.S.) Act, the Arms Act, and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The appellant contended that he was merely seen fleeing, was not named by any eyewitness, and that no caste-based motive could be established, rendering the SC/ST Act charges untenable. The Special Public Prosecutor opposed bail, arguing the seriousness of the offences and the material gathered during investigation. The Patna High Court, after considering the lack of direct identification and the general nature of the accusations, set aside the lower court’s order denying bail and granted the appellant bail on a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether the evidence, including CCTV footage and witness statements, is sufficient to justify denial of bail for the appellant.
- Whether the alleged conduct falls within the ambit of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
- Whether the identification of the appellant as a participant in the offence is established beyond reasonable doubt.
Legislation cited
- Arms Act — s. 27
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r)(s), 3(2)(v), 3(2)(va)
Subjects
- bail
- criminal procedure
- CCTV evidence
- identification
- Scheduled Castes and Scheduled Tribes Act
- Arms Act
- evidence sufficiency
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3937 of 2025
Arising Out of PS. Case No.-5 Year-2025 Thana- NOWKOTHI GARHPURA District-
Begusarai
======================================================
Manjesh Kumar S/o Bambam Singh @ Bam Singh @ Shyam Kishor Singh
R/o vill - Bhairwar, P.s.- Lakho, Dist- Begusarai
... ... Appellant/s
Versus
1. The State of Bihar
2. Umesh Singh S/o Late Ramsagar Singh R/o vill - Bikrampur, P.S.- Cheriya
Bariyarpur, Distt.- Begusarai
... ... Respondent/s
======================================================
Appearance :
For the Appellant : Mr. Krishna Prasad Singh, Sr. Advocate
Mr. Pushpendra Kumar Singh, Advocate
For the State : Ms. Usha Kumari 1, Spl.PP
For the Informant : Mr. Amalendu Shekhar Thakur, Advocate
Mr. Shubhesh Pandey, Advocate
Mr. Amit Kumar Mishra, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 19-03-2026 Heard learned senior counsel appearing for the
appellant, learned Special Public Prosecutor appearing for the
respondent-State and learned counsel appearing for the
informant/Respondent No. 2.
2. This appeal has been filed for setting aside order
dated 10.07.2025 passed in a case registered for the offence
punishable under Sections 103, 61(2), 190 and 191(3) of the
B.N.S., Section 27 of the Arms Act and Sections 3(1)(r)(s), 3(2)
(va) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, whereby the prayer for grant of
Patna High Court CR. APP (SJ) No.3937 of 2025(5) dt.19-03-2026
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bail to the appellant has been rejected.
3. The prosecution case, in brief, informant, namely
Umesh Singh, who is proprietor of A-one Brick Kiln, alleged
that on 07.01.2025 at about 11-12 PM at night, 7 to 8 unknown
miscreants, having arms and lathi, came to his brick kiln and
brutally assaulted the workers who were working in the brick
kiln and when one Laxman Uraon came to rescue then they shot
on him due to which he died and his dead body was thrown in
the north direction of brick kiln. Next day, at about 6 AM,
informant received a call that the dead body was thrown towards
north of the brick kiln then the informant called local police
station then the police official reached there and this appellant
was identified in CCTV footage. The injured was taken to the
hospital for treatment. The informant suspects that all the F.I.R.
named accused persons, including this appellant, are involved in
the said occurrence.
4. It is submitted by learned senior counsel appearing
on behalf of the appellant that appellant is quite innocent and
has committed no offence. According to F.I.R., informant is not
an eye witness to the occurrence and appellant has falsely been
implicated in this case merely on suspicion. Though, this
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appellant was seen in the C.C.T.V. footage but during trial, P.W.
1 and P.W.2 have not named this appellant and P.W. 3 stated that
he saw three persons, including this appellant, fleeing from the
place of occurrence and as such, none of them have seen this
appellant committing the alleged offence. At best, this petitioner
was only seen fleeing from the place of occurrence. Moreover,
there is absolutely no allegation of abuse by caste name against
this appellant and as such, no case under the Scheduled Castes
and Scheduled Tribes (Prevention of Atrocities) Act is made out
against this appellant. Appellant is in custody since 19.03.2025.
5. Learned Spl. P.P. appearing for the respondent-State
and learned counsel for the informant/Respondent No. 2 have
vehemently opposed the prayer for grant of bail to the appellant.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation, materials that
have surfaced during investigation and period of custody, this
appeal is allowed and the impugned order dated 10.07.2025
passed by the learned Exclusive Special Judge, S.C./S.T. (POA)
Act, Begusarai in connection with Nawkothi P.S. Case No. 05 of
2025 is hereby set aside with respect to this appellant only.
7. Accordingly, let the appellant, named above, be
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released 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 Exclusive Special Judge, S.C./S.T. (POA)
Act, Begusarai in connection with Nawkothi P.S. Case No. 05
2025.
(Prabhat Kumar Singh, J)
shashank/-
U T
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