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Patna High Court

Sandeep Choudhary @ Sandeep KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The High Court set aside the order rejecting bail and granted anticipatory bail, holding that the allegations against the appellant were vague and insufficient to deny bail.

Summary

The appellant, Sandeep Choudhary, was charged under the SC/ST (Prevention of Atrocities) Act for alleged caste‑based abuse and for directing an assault on the family of the informant, which allegedly led to the death of the informant's husband. The trial court rejected his bail application, but on appeal the High Court examined the FIR and the post‑mortem report, noting that the death was due to natural causes and that there was no specific allegation of an overt act by the appellant, only a general allegation of abuse. The court also observed that the appellant had no prior criminal record and that the evidence did not show his participation in the assault. Consequently, the High Court set aside the lower court’s order, granted anticipatory bail with conditions under Sections 438 of the CrPC and 482 of the Bharatiya Nagarik Suraksha Sanhita, and allowed the appeal. The order also clarified that any observations made therein would not affect the trial.

Issues considered

  • What is the adequacy of the allegations against the appellant under the SC/ST (POA) Act to justify denial of bail?
  • Whether anticipatory bail should be granted to the appellant under Section 14(A)(2) of the SC/ST (POA) Act in view of the evidence.
  • Whether the appellant’s alleged role in directing the assault warrants custodial detention.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST (POA) Act
  • caste based violence
  • Section 14(A)(2)
  • Section 438 CrPC
  • Section 482 B.N.S.
  • Nyaya Sanhita
  • Bharatiya Nagarik Suraksha Sanhita
  • criminal procedure
  • bail conditions

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.4246 of 2025

                      Arising Out of PS. Case No.-45 Year-2025 Thana- KAJRAILI District- Bhagalpur
                 ======================================================
                 Sandeep Choudhary @ Sandeep Kumar, Son of Ganesh Choudhary, R/o
                 Village- Daradhi Bahadurpur, PS-Kajraili, District-Bhagalpur.

                                                                                   ... ... Appellant/s
                                                        Versus
           1.    The State of Bihar.
           2.    Girija Devi, Wife of Late Naveen Chandra Niwas @ Nakul Das, R/o
                 Village- Daradhi Bahadurpur, PS-Kajraili, Distt.-Bhagalpur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :          Mr. Ranjan Kumar Jha, Adv.
                 For the Respondent No.2:          Mr. Swapnil Kumar Singh, Adv.
                 For the State          :          Mr. Binay Krishna, Spl. P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

3   24-02-2026                     Heard the learned counsel for the appellant, the

                   learned counsel for the informant/respondent No. 2 and the

                   learned Special Public Prosecutor for the State.

                                   2. This is an appeal under Section 14(A)(2) of the

                   Scheduled Castes & Scheduled Tribes (Prevention of Atrocities)

                   Act, 1989 [in short the SC/ST (POA) Act] against the rejection of

                   prayer for bail vide order dated 17.09.2025 passed by the

                   learned District and Addl. Sessions Judge-III-cum-Special

                   Judge, SC/ST Act, Bhagalpur in A.B.P. No. 2110 of 2025 in

                   connection with Kajraili P.S. Case No. 45 of 2025 registered for

                   the offence(s) under Section(s) 103(1) and 3(5) of the Bharatiya
Patna High Court CR. APP (SJ) No.4246 of 2025(3) dt.24-02-2026
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          Nyaya Sanhita, 2023 (B.N.S.) and Section(s) 3(1)(gha) and 3(1)

          (r)(s) of the SC/ST (POA) Act.

                           3. As per the prosecution case, it is alleged that all

          the F.I.R. named accused persons including the appellant have

          abused the informant/respondent No. 2 and others by their caste

          name and have also assaulted her son.                  It has further been

          alleged that on account of such assault, the husband of the

          informant/respondent No. 2 received injury and he later died.

                           4. The learned counsel for the appellant submits

          that the name of the appellant has been entered as the last name,

          stating him to be the person who had come to the place of

          occurrence and had abused in general and, thereafter, directed to

          assault the informant/respondent No. 2. It has been submitted

          that there is no specific allegation against the appellant with

          regard to any overt act and even the allegation of abuse is of

          general nature. It has further been submitted that no case under

          the SC/ST (POA) Act is made out against the appellant.

                           5. The learned counsel for the appellant has drawn

          the attention of this Court towards the post-mortem report,

          which has been brought on record by way of Annexure-P/3 and

          from the perusal of the same, it would be evident that the cause

          of death is stated to be natural due to diseases of heart and
Patna High Court CR. APP (SJ) No.4246 of 2025(3) dt.24-02-2026
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          lungs. It has next been submitted that 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. It has, thus, been

          submitted that the allegations levelled against the appellant are

          of general and omnibus nature and altogether eighteen persons

          have falsely been roped in this case, just to implicate all.

          However, the appellant, it has been argued, has no concern

          whatsoever with the same. It has lastly been submitted that the

          appellant has no criminal antecedents.

                           6. The learned Special Public Prosecutor for the

          State as also the learned counsel appearing on behalf of the

          informant/respondent No. 2 have vehemently opposed the bail

          petition of the appellant and have submitted that the appellant

          was one among the several persons, who had attacked the

          family of the informant/respondent No. 2 including her husband

          and son. It has been submitted that there is an allegation of

          abuse against the appellant along with others and he had also

          directed for assaulting the family of the informant/respondent

          No. 2. It has lastly been submitted that a similarly situated co-

          accused, namely, Manoj Singh @ Manoj Kumar Singh @

          Manoj Prasad Singh, had approached this Court for grant of bail

          vide Cr. Appeal (SJ) No. 3887 of 2025 and his bail application
Patna High Court CR. APP (SJ) No.4246 of 2025(3) dt.24-02-2026
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          was rejected by a coordinate Bench of this Court by order dated

          12.11.2025.

                           7. Having considered the submissions made on

          behalf of the parties and taking into account the fact that from

          the mere perusal of the F.I.R., it would be evident that the

          appellant was not involved in the assault, barring the allegation

          of directing along with two other persons to assault and there is

          a general and omnibus allegation of abuse against him, let the

          appellant, above-named, be released on anticipatory bail, in the

          event of his/her arrest or surrender before the learned Court

          below within a period of four weeks from today, on his/her

          furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of the learned Court below where the case is

          pending/successor Court in connection with Kajraili P.S. Case

          No. 45 of 2025, subject to the conditions as laid down under

          Section 438(2) of the Code of Criminal Procedure, 1973 read

          with corresponding Section 482(2) of the Bharatiya Nagarik

          Suraksha Sanhita, 2023 (B.N.S.S.) as well as subject to the

          following conditions:

                                     (i) One of the bailors of the appellant shall be
                               his/her close relative and the other shall be a local
                               resident.
                                     (ii) The appellant shall remain physically present
            Patna High Court CR. APP (SJ) No.4246 of 2025(3) dt.24-02-2026
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                                           before the concerned Court on each and every date of
                                           the trial and shall cooperate in the investigation.
                                                 (iii) In case of absence for two consecutive
                                           occasions, without reasonable cause, or in violation of
                                           the terms of the bail, the bail bonds of the appellant will
                                           be liable to be cancelled by the concerned Court.
                                                 (iv) The concerned Court shall verify the criminal
                                           antecedent of the appellant and in case, at any stage, it is
                                           found that he/she has concealed his/her criminal
                                           antecedents, the Court concerned shall take necessary
                                           steps for cancellation of his/her bail bonds. However,
                                           the acceptance of bail bonds in terms of the above-
                                           mentioned order shall not be delayed for purpose of or
                                           in the name of verification.
                                                 (v) The appellant shall in no manner threaten or try
                                           to contact or influence the informant/respondent No. 2.


                                       8. Accordingly, the impugned order, referred to

                      above, is set aside.

                                       9. The appeal stands allowed.

                                       10. It is made clear that the observation, if any,

                      made in this order, shall be of no bearing during trial.



                                                (Sourendra Pandey, J)
Praveen-II/-

U       T


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