Patna High Court
Uttam Kumar @ Uttam ThakurversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that the vague and unsupported allegations, coupled with the appellants' clean antecedents, rendered the denial of anticipatory bail unsustainable, and therefore the bail order was set aside.
Summary
The appellants, a group of individuals from the Thakur family, appealed against the order dated 28‑08‑2025 that denied them anticipatory bail in a case under Sections 103(1) and 3(5) of the Bihar Narcotic Substances Act and Sections 3(i), 3(r), 3(s) of the SC/ST (Prevention of Atrocities) Act. The prosecution alleged that the appellants had assaulted the informant Girja Devi and her family on caste grounds, leading to the death of her husband. The appellants contended that the allegations were vague, that no specific overt act was proved, and that the death was due to natural causes as per the post‑mortem report. The court observed that the accusations were general, the injury evidence was minimal, and the appellants had clean antecedents, rendering the bail denial untenable. Consequently, the appeal was allowed, the impugned order was set aside, and the appellants were directed to surrender within eight weeks and obtain bail on furnishing a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether the allegations against the appellants under the Bihar Narcotic Substances Act and the SC/ST (Prevention of Atrocities) Act constitute a cognizable offence sufficient to deny anticipatory bail.
- Whether the evidence, including the post‑mortem report and injury details, supports the charge of assault leading to death.
- Whether the appellants' clean antecedents and the vague nature of the accusations warrant the grant of anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 103(1), 3(5)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(i), 3(r), 3(s)
Subjects
- anticipatory bail
- SC/ST Act
- caste violence
- bail jurisdiction
- natural death
- false allegations
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3962 of 2025
Arising Out of PS. Case No.-45 Year-2025 Thana- KAJRAILI District- Bhagalpur
======================================================
1. Uttam Kumar @ Uttam Thakur son of Krishn Mohan Thakur @ Krishn
Kumar Resident of Village- Daradhi Bahadurpur Police Station -Kajraili,
dist- Bhagalpur
2. Bishal Kumar @ Bishal Thakur son of Sanjay Thakur Resident of Village-
Daradhi Bahadurpur Police Station -Kajraili, dist- Bhagalpur
3. Ashish Kumar son of Krishn Mohan Thakur @ Krishn Kumar Resident of
Village- Daradhi Bahadurpur Police Station -Kajraili, dist- Bhagalpur
4. Ravindra Thakur @ Ravindra Kumar Thakur son of Late Suresh Thakur @
Late Suresh Prasad Thakur Resident of Village- Daradhi Bahadurpur Police
Station -Kajraili, dist- Bhagalpur
5. Krishn Kumar @ Krishn Mohan Thakur Son of Naresh Thakur Resident of
Village- Daradhi Bahadurpur Police Station -Kajraili, dist- Bhagalpur
6. Abhimanu Kumar @ Abhimanu Thakur son of Krishn Mohan Thakur @
Krishn Kumar Resident of Village- Daradhi Bahadurpur Police Station
-Kajraili, dist- Bhagalpur
7. Ajay Thakur @ Manoranjan Kumar son of Late Suresh Thakur @ Late
Suesh Prasad Thakur Resident of Village- Daradhi Bahadurpur Police
Station -Kajraili, dist- Bhagalpur
... ... Appellant/s
Versus
1. The State of Bihar
2. Girja Devi Wife of Late Navin Chandra Niwash @ Nakul Das Resident of
Village- Daradhi Bahadupur, Ps- Kajraili, Dist- Bhagalpur
... ... Respondent/s
======================================================
Appearance :
For the Appellants : Dr. Manoj Kumar, Advocate
For the State : Mr. Binay Krishna, Spl.PP
For the Informant : Mr. Swapnil Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 30-04-2026 Heard learned counsel appearing for the appellants,
learned Special Public Prosecutor appearing for the respondent-
State and learned counsel appearing for the
informant/Respondent No. 2.
Patna High Court CR. APP (SJ) No.3962 of 2025(4) dt.30-04-2026
2/4
2. This appeal has been filed for setting aside order
dated 28.08.2025 passed in a case registered for the offence
punishable under Sections 103(1) and 3(5) of the B.N.S. and
Section 3(i)(r)(s) of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, whereby the prayer for grant of
anticipatory bail of these appellants has been rejected.
3. As per the prosecution case, it is alleged that all
the F.I.R. named accused persons, including these appellants,
have abused the informant/Respondent No. 2 and others by their
caste name and have also assaulted them. It has further been
alleged that on account of such assault, the husband of the
informant/respondent No. 2 received injury and later on, he
died.
4. It is submitted by learned counsel appearing on
behalf of the appellants that appellants are quite innocent and
have committed no offence. Allegation of assault is general and
omnibus and no specific accusation of overt act has been alleged
against these appellants. As matter of fact, appellants have
falsely been implicated in this case due to caste rivalry. It is
further submitted that the deceased was a heart patient and due
to high volume of D.J. music, he died and taking advantage of
the situation, this false and concocted case has been lodged. The
Patna High Court CR. APP (SJ) No.3962 of 2025(4) dt.30-04-2026
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aforesaid fact is also fortified from bare perusal of post mortem
report of the deceased wherein the doctor has opined death of
husband of informant as natural death caused due to disease in
heart and lungs. It has next been submitted that as per F.I.R.,
altogether 18 persons assaulted informant and her family
members, however, from the perusal of the external injury, it
would be evident that only one bruise of size 1” x 0.5” was
present over the forehead. Thus, the allegation of assault stands
falsified by the injury report. Moreover, it is not the case of the
prosecution that any member of public was present at the place
of occurrence and as such, no case under the Scheduled Castes
and Scheduled Tribes (Prevention of Atrocities) Act is made out
against these appellants. It is lastly submitted that co-accused
Sandeep Choudhary, having similar and identical allegations,
has already been granted privilege of anticipatory bail by a Co-
ordinate Bench of this Hon’ble Court vide order dated
24.02.2026 passed in Cr. Appeal (SJ) No. 4246 of 2025.
Appellants claim clean antecedents.
5. Learned Spl. P.P. appearing for the respondent-State
and learned counsel appearing for the informant/Respondent
No. 2 have vehemently opposed the prayer for grant of bail to
the appellants.
Patna High Court CR. APP (SJ) No.3962 of 2025(4) dt.30-04-2026
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6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation, materials that
have surfaced during investigation, claim based on parity and
clean antecedents of the appellants, this appeal is allowed and
the impugned order dated 28.08.2025 passed by the learned
District and Additional Sessions Judge-III-cum-Special Judge,
SC/ST Act, Bhagalpur in connection with A.B.P. No. 1870 of
2025 arising out of Kajraili P.S. Case No. 45 of 2025 is hereby
set aside with respect to these appellants only.
7. Accordingly, let the appellants, named above, in the
event of arrest/surrender within a period of eight weeks from the
date of receipt/production of a copy of this order, be enlarged on
bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each
with two sureties of the like amount each to the satisfaction of
learned District and Additional Sessions Judge-III-cum-Special
Judge, SC/ST Act, Bhagalpur in connection with Kajraili P.S.
Case No. 45 of 2025.
(Prabhat Kumar Singh, J)
shashank/-
U T
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