Created by Fuzzy Cloud

Patna High Court

Amit Kumar @ Amit GiriversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The High Court set aside the trial court’s refusal of anticipatory bail and granted anticipatory bail to the appellants.

Summary

The Patna High Court heard two criminal appeals (SJ No.4051/2025 and SJ No.4753/2025) filed by Amit, Ajit and Ankit Giri and by Santosh Giri respectively, seeking anticipatory bail under Section 14‑A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act after a Special Judge had refused bail in a case registered under several IPC and SC/ST provisions for alleged assault on an informant’s family. The appellants argued that the FIR was motivated by personal enmity, that the alleged incident occurred inside a private residence and not in public view, and that the informant’s failure to appear despite notice weakened the prosecution. The State, represented by the Special Public Prosecutor, opposed the bail. The Court examined whether the seriousness of the offences and the statutory provisions justified denial of anticipatory bail and considered the discretion under Section 482(2) of the CrPC. Finding that the allegations did not warrant denial and that the informant’s non‑appearance undermined the case, the Court set aside the trial court’s order and granted anticipatory bail with a bond of Rs 5,000 and two sureties, subject to conditions. Both appeals were consequently allowed.

Issues considered

  • Whether anticipatory bail can be granted under Section 14‑A(2) of the SC/ST (Prevention of Atrocities) Act in the present facts
  • Whether the alleged offences under the IPC and SC/ST Act justify denial of anticipatory bail
  • Whether the informant’s non‑appearance despite notice affects the bail decision
  • Whether the discretion under Section 482(2) of the CrPC can be exercised to grant bail

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • Section 14-A
  • false implication
  • non‑appearance of informant
  • Section 482 CrPC
  • Bihar

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.4051 of 2025
                       Arising Out of PS. Case No.-18 Year-2025 Thana- SC/ST District- Kishanganj
                 ======================================================
           1.     Amit Kumar @ Amit Giri S/O Ram Babu Giri R/O Village- Jalebiya More,
                  P.S- Thakurganj, Distt.- Kishanganj.
           2.    Ajit Kumar Giri @ Ajit Giri S/O Ram Babu Giri R/O Village- Jalebiya
                 More, P.S- Thakurganj, Distt.- Kishanganj.
           3.    Ankit Kr. Giri @ Ankit Giri S/O Ram Babu Giri R/O Village- Jalebiya
                 More, P.S- Thakurganj, Distt.- Kishanganj.

                                                                                    ... ... Appellant/s
                                                        Versus
           1.    The State of Bihar
           2.    Praveen Ray S/O Tetla Ray R/O Village- Jalebiya More, P.S- Thakurganj,
                 Distt.- Kishanganj.

                                                           ... ... Respondent/s
                 ======================================================
                                                         with
                                 CRIMINAL APPEAL (SJ) No. 4753 of 2025
                       Arising Out of PS. Case No.-18 Year-2025 Thana- SC/ST District- Kishanganj
                 ======================================================
                 Santosh Giri S/O Late Rajesh Giri @ Late Rajendra Giri R/O Vill.- Jalebiya
                 More, P.S.- Thakurganj, Dist.- Kishanganj

                                                                                    ... ... Appellant/s
                                                        Versus
           1.    The State of Bihar
           2.    Praveen Ray S/O Tetla Ray R/O Vill.- Jalebiya More, P.S.- Thakurganj,
                 Dist.- Kishanganj

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 (In CRIMINAL APPEAL (SJ) No. 4051 of 2025)
                 For the Appellant/s  :     Mr. Bhola Prasad
                 For the Respondent/s :     Mr. Sadanand Paswan
                 (In CRIMINAL APPEAL (SJ) No. 4753 of 2025)
                 For the Appellant/s  :     Mr. Bhola Prasad
                 For the Respondent/s :     Mr. Sadanand Paswan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   02-04-2026                    CRIMINAL APPEAL (SJ) No.4051 of 2025

                               1. Heard learned counsel for the appellants and the
Patna High Court CR. APP (SJ) No.4051 of 2025(4) dt.02-04-2026
                                             2/6




          learned Special P.P. Mr. Sadanand Paswan for the State. No one

          appears on behalf of the O.P. No.2.

                       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 12.09.2025 passed by the learned 1st Additional

          Sessions Judge-cum-Special Judge, Kishanganj in connection

          with Kishanganj SC/ST P.S. Case No.18/2025, registered under

          Sections 126(2), 115(2), 74, 329(4), 351(2), 352 of the BNS as

          well as Sections 3(1)(r), 3 (1)(s) and 3(1) (w) of the SC/ST Act.

                       3. Learned counsel submits that informant despite

          receiving notice could not be appeared and contest the case. It is

          next submitted that appellants have antecedent of one case and

          the informant alleges that accused persons came to his house on

          14.05.2025 and enquired about him from his daughter, on

          which, his daughter disclosed that informant is at his shop, when

          accused persons dashed his daughter on the ground and also

          assaulted him and his daughter and mother-in-law, on account of

          previous enmity.

                       4. Learned counsel for the appellants submits that

          appellants have been falsely implicated in the instant case by the
Patna High Court CR. APP (SJ) No.4051 of 2025(4) dt.02-04-2026
                                             3/6




          informant. It is next submitted that from perusal of the

          allegation as alleged in the FIR, it would manifest that

          informant himself alleges that on account of previous enmity,

          the occurrence is alleged to have taken place. It is next

          submitted that no occurrence as alleged ever took place but even

          presuming what has been alleged is true without admitting then

          the occurrence took place at the house of the informant and thus

          was not in public view. It is also submitted that this perhaps

          explains why informant despite receiving notice chooses not to

          appear and contest.

                       5. Learned Special Public Prosecutor opposes the

          appeal of the appellants.

                       6. Considering the submissions, the order impugned is

          set aside. Let the appellants, above named, in the event of their

          arrest or surrender within a period of six weeks from the date of

          receipt of the order, be released on anticipatory bail on

          furnishing bail bond of Rs.5,000/- (rupees five thousand) each

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

          the learned court below where the case is pending in connection

          with the aforesaid case, subject to the conditions as laid down

          under Section 482(2) of the BNSS.

                       7. Accordingly, the impugned order is set aside and
Patna High Court CR. APP (SJ) No.4051 of 2025(4) dt.02-04-2026
                                             4/6




          this appeal stands allowed.

                          CRIMINAL APPEAL (SJ) No. 4753 of 2025

                       1. Heard learned counsel for the appellant and the

          learned Special P.P. Mr. Sadanand Paswan for the State. No one

          appears on behalf of the O.P. No.2.

                       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 12.09.2025 passed by the learned 1st Additional

          Sessions Judge-cum-Special Judge, Kishanganj in connection

          with Kishanganj SC/ST P.S. Case No.18/2025, registered under

          Sections 126(2), 115(2), 74, 329(4), 351(2), 352 of the BNS as

          well as Sections 3(1)(r), 3 (1)(s) and 3(1) (w) of the SC/ST Act.

                       3. Learned counsel submits that appellant has

          antecedent of four cases under the Excise Act and the informant

          alleges that accused persons came to his house on 14.05.2025

          and enquired about him from his daughter, on which, his

          daughter disclosed that informant is at his shop, when accused

          persons dashed his daughter on the ground and also assaulted

          him and his daughter and mother-in-law, on account of previous

          enmity.
Patna High Court CR. APP (SJ) No.4051 of 2025(4) dt.02-04-2026
                                             5/6




                       4. Learned counsel for the appellant submits that

          appellant has been falsely implicated in the instant case by the

          informant on account of previous enmity of the informant with

          Ankit, Ajit and Amit Giri. It is next submitted that the case

          which was instituted by the informant earlier in the said case

          present appellant was not an accused. It is also submitted that

          Ankit Giri, Ajit Giri and Amit Giri had approached this Court

          seeking anticipatory bail by filing Cr. Appeal (SJ) No.4051 of

          2025 and the same came to be allowed by an order dated

          02.04.2026, thus based on parity, anticipatory bail for the

          appellant is sought.

                       5. Learned Special Public Prosecutor opposes the

          appeal of the appellant.

                       6. Considering the submissions and also taking into

          consideration the order dated 02.04.2026 in Cr. Appeal (SJ)

          No.4051/2025, the order impugned is set aside. Let the

          appellant, above named, in the event of his arrest or surrender

          within a period of six weeks from the date of receipt of the

          order, be released on anticipatory bail on furnishing bail bond of

          Rs.5,000/- (rupees five thousand) with two sureties of the like

          amount each to the satisfaction of the learned court below where

          the case is pending in connection with the aforesaid case,
             Patna High Court CR. APP (SJ) No.4051 of 2025(4) dt.02-04-2026
                                                          6/6




                       subject to the conditions as laid down under Section 482(2) of

                       the BNSS.

                                    7. Accordingly, the impugned order is set aside and

                       this 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.