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Patna High Court

Abhishek KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court allowed the appeal in part, denying anticipatory bail to Abhishek Kumar, Lakhindra Rai and Pappu Rai, but granting bail to Harindar Rai, Lal Bachan Rai, Raju Kumar, Dhiraj Kumar and Pankaj Kumar with conditions.

Summary

The appellants, a group of relatives from Khanpatti village, appealed against an order dated 19.08.2025 that rejected their anticipatory bail applications in a case registered under sections 126(2), 115(2), 303(2), 352, 351(2), 3(5) of the B.N.S. and sections 3(1)(r)(s)(w)(i) and 3(2)(va) of the SC/ST (Prevention of Atrocities) Act. The prosecution alleged that Pappu Rai, after a family dispute, assaulted the informant with the help of Abhishek Kumar and Lakhindra Rai, causing the informant to lose consciousness and be hospitalized. The appellants argued that the FIR was exaggerated and that the SC/ST Act was invoked only to add a caste angle, and most of them had no prior criminal record. The High Court held that anticipatory bail could not be granted to Abhishek Kumar, Lakhindra Rai, and Pappu Rai, but granted bail to the remaining appellants (Harindar Rai, Lal Bachan Rai, Raju Kumar, Dhiraj Kumar, and Pankaj Kumar) subject to strict conditions. Consequently, the order of the Special Judge was set aside for those five appellants and the appeal was allowed in part.

Issues considered

  • Whether the anticipatory bail applications of the various appellants should be granted under the SC/ST (POA) Act and the B.N.S. provisions.
  • Whether the FIR and the allegations constitute a valid ground for denial of anticipatory bail.
  • Whether the involvement of specific appellants (Abhishek Kumar, Lakhindra Rai, Pappu Rai) justifies denial of bail while others may be granted relief.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • assault
  • FIR
  • bail conditions
  • criminal antecedent
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.4107 of 2025
                       Arising Out of PS. Case No.-738 Year-2025 Thana- MAHUA District- Vaishali
                 ======================================================
           1.     Abhishek Kumar S/o Lal Bachan Rai Resident Of Village- Khanpatti, Po-
                  Rasulpur Fateh, Ps- Mahua, Dist- Vaishali
           2.    Harindar Rai @ Harendra Rai S/o Late Ramsurat Rai Resident Of Village-
                 Khanpatti, Po- Rasulpur Fateh, Ps- Mahua, Dist- Vaishali
           3.    Lakhindra Rai @ Lakhendra Rai S/o Late Ramsurat Rai Resident Of
                 Village- Khanpatti, Po- Rasulpur Fateh, Ps- Mahua, Dist- Vaishali
           4.    Lal Bachan Rai S/o Late Ramsurat Rai Resident Of Village- Khanpatti, Po-
                 Rasulpur Fateh, Ps- Mahua, Dist- Vaishali
           5.    Pappu Rai @ Pappu Kumar S/o Harindar Rai @ Harendra Rai Resident Of
                 Village- Khanpatti, Po- Rasulpur Fateh, Ps- Mahua, Dist- Vaishali
           6.    Raju Kumar S/o Harindar Rai @ Harendra Rai Resident Of Village-
                 Khanpatti, Po- Rasulpur Fateh, Ps- Mahua, Dist- Vaishali
           7.    Dhiraj Kumar S/o Harindar Rai @ Harendra Rai Resident Of Village-
                 Khanpatti, Po- Rasulpur Fateh, Ps- Mahua, Dist- Vaishali
           8.    Pankaj Kumar S/o Harindar Rai @ Harendra Rai Resident Of Village-
                 Khanpatti, Po- Rasulpur Fateh, Ps- Mahua, Dist- Vaishali

                                                                                   ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Amod Kumar Ram S/o Late Ramprit Ram Resident Of Village- Khanpatti,
                 Po- Rasulpur Fateh, Ps- Mahua, Dist- Vaishali

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Ajay Kumar Tiwary, Advocate
                 For the State           :        Mrs. Usha Kumari 1, Spl. PP
                 For the Informant       :        Mr. Janardan Prasad Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

5   16-04-2026                    Heard Mr. Ajay Kumar Tiwary, learned counsel for

                   the appellant and Mrs. Usha Kumari 1, learned Spl. PP

                   representing the State as also Mr. Janardan Prasad Singh,

                   learned counsel representing the informant.

                                2. This appeal has been filed for setting aside the
Patna High Court CR. APP (SJ) No.4107 of 2025(5) dt.16-04-2026
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          order dated 19.08.2025 passed by the learned Exclusive Special

          Judge, SC/ST Act-cum-District & Additional Sessions Judge,

          Vaishali at Hajipur in connection with Mahua P.S. Case No. 738

          of 2025 registered for the offence punishable under sections

          126(2), 115(2), 303(2), 352, 351(2) and 3(5) of the B.N.S. and

          section 3(1)(r)(s)(w)(i) and 3(2)(va) of the SC and ST (POA)

          Act whereby the prayer for anticipatory bail of the appellant has

          been rejected.

                       3. As per the prosecution story, the informant alleged

          that there was a marriage in the family, on the same day, the

          appellant Pappu Rai started digging land. Upon the opposition

          by the mother and sister-in-law of the informant, he took caste

          name and assaulted them. Later Pappu Rai called his associates

          and the allegation is that Lakhindra Rai and Abhishek assaulted

          the informant as a result of which he became unconscious and

          taken to Government Hospital, Mahua and thereafter referred to

          Hajipur Sadar Hospital for City Scan. This led to the F.I.R..

                       4. Learned counsel for the appellants submit that

          exaggerated F.I.R. is there and further to attract SC and ST Act,

          the caste name has been incorporated. Most of the appellants do

          not have criminal antecedent and if granted relief, they shall be

          diligently appearing in trial.
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                       5. Learned counsel representing the informant as also

          learned Spl. PP opposes the prayer submitting that their role

          cannot be ignored specially the entire episode has been created

          by Pappu Rai and main allegation of assault is on Abhishek and

          Lakhindra Rai of giving blow to the informant as a result of

          which he became unconscious.

                       6. Considering the submissions of the parties as

          recorded above, so far as the anticipatory bail application of the

          appellant no. 1, Abhishek Kumar, appellant no.3, Lakhindra Rai

          @ Lakhendra Rai and appellant no.5, Pappu Rai @ Pappu

          Kumar are concerned, no relief can be extended to them, their

          anticipatory bail application stands rejected.

                       7. So far as the other appellants are concerned,

          considering the omnibus allegation against them and most of

          them have no criminal antecedent, main allegation is against

          Abhishek Kumar and Lakhindra Rai and the entire episode has

          been created by Pappu Rai, in that background, this Court is

          inclined to extend relief to rest of the appellants.

                       8. The impugned order dated 19.08.2025 passed by

          the learned Exclusive Special Judge, SC/ST Act-cum-District &

          Additional Sessions Judge, Vaishali at Hajipur in connection

          with Mahua P.S. Case No. 738 of 2025 stands set aside and the
Patna High Court CR. APP (SJ) No.4107 of 2025(5) dt.16-04-2026
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          appeal is allowed with respect to the appellant nos. 2, 4, 6, 7 and

          8 namely Harindar Rai @ Harendra Rai, Lal Bachan Rai, Raju

          Kumar, Dhiraj Kumar and Pankaj Kumar respectively.

                       9. Let the appellant nos. 2, 4, 6, 7 and 8 namely

          Harindar Rai @ Harendra Rai, Lal Bachan Rai, Raju Kumar,

          Dhiraj Kumar and Pankaj Kumar respectively, 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 the

          learned Exclusive Special Judge, SC/ST Act-cum-District &

          Additional Sessions Judge, Vaishali at Hajipur in connection

          with Mahua P.S. Case No. 738 of 2025.

                       (i) one of the bailor should be the family

          member/relative of the appellant nos. 2, 4, 6, 7 and 8 namely

          Harindar Rai @ Harendra Rai, Lal Bachan Rai, Raju Kumar,

          Dhiraj Kumar and Pankaj Kumar who shall provide official

          document (Aadhar Card/Voter Id/Driving License/Pan Card) to

          show his/her bona fide;

                       (ii) the appellant nos. 2, 4, 6, 7 and 8 namely Harindar

          Rai @ Harendra Rai, Lal Bachan Rai, Raju Kumar, Dhiraj

          Kumar and Pankaj Kumar shall be appearing before the Police
Patna High Court CR. APP (SJ) No.4107 of 2025(5) dt.16-04-2026
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          Station as and when required for cooperating in the

          investigation;

                       (iii) the appellant nos. 2, 4, 6, 7 and 8 namely

          Harindar Rai @ Harendra Rai, Lal Bachan Rai, Raju Kumar,

          Dhiraj Kumar and Pankaj Kumar shall appear on each and every

          date before the Trial Court and failure to do so for two

          consecutive       dates     without      plausible     reason   will   entail

          cancellation of his/her bail bond by the Trial Court itself;

                       (iv) the appellant nos. 2, 4, 6, 7 and 8 namely

          Harindar Rai @ Harendra Rai, Lal Bachan Rai, Raju Kumar,

          Dhiraj Kumar and Pankaj Kumar shall appear before the

          concerned police station every month for next six months to

          mark his attendance and at the end of the period a certificate be

          submitted before the Trial Court failing which the State shall be

          at liberty to take steps for cancellation of bail bonds;

                       (v) the appellant nos. 2, 4, 6, 7 and 8 namely Harindar

          Rai @ Harendra Rai, Lal Bachan Rai, Raju Kumar, Dhiraj

          Kumar and Pankaj Kumar shall in no way try to induce or

          promise or threat the witnesses or tamper with the evidences,

          failing which the State shall be at liberty to take steps for

          cancellation of the bail bonds;

                       (vi) the appellant nos. 2, 4, 6, 7 and 8 namely
            Patna High Court CR. APP (SJ) No.4107 of 2025(5) dt.16-04-2026
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                      Harindar Rai @ Harendra Rai, Lal Bachan Rai, Raju Kumar,

                      Dhiraj Kumar and Pankaj Kumar shall desist from committing

                      any criminal offence again, failing which the State shall be at

                      liberty to take steps for cancellation of bail bonds.



                                                     (Rajiv Roy, J)
vinayak/-

U      T


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