Patna High Court
Sanoj Kumar @ SanjuversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- R P MISHRA
Holding
The appeal is allowed; the lower court's order denying bail is set aside and the appellant is released on bail with conditions.
Summary
The appellant, Sanoj Kumar, was charged under several sections of the Bihar Negotiable Statutes and the SC/ST Act for allegedly restraining, verbally abusing, and assaulting an informant on the basis of caste, including threats with a pistol. The Special Judge denied his bail application, leading the appellant to appeal. The appellant contended that he did not publicly use the informant's caste name and that no specific allegation under the SC/ST Act was made against him, despite having seven prior criminal cases. The State and the informant opposed bail, emphasizing the seriousness of the alleged offences. The Patna High Court, after considering the facts, the period of custody, and the appellant's antecedents, set aside the lower court's order and granted bail with a cash bond of Rs. 15,000 and two sureties, subject to conditions regarding appearance, territorial restrictions, and future conduct.
Issues considered
- Whether the appellant is entitled to bail despite the charges under the SC/ST Act and other criminal provisions.
- Whether the alleged conduct constitutes an offence under the SC/ST Act, given the claim of no public caste reference.
- Whether the appellant's prior criminal antecedents justify denial of bail.
Legislation cited
- SC/ST (Prevention of Atrocities) Act — s. 3(2)(va), 3(i)(r)(s)
Subjects
- bail
- SC/ST Act
- caste-based assault
- criminal procedure
- bail conditions
- prior convictions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4406 of 2025
Arising Out of PS. Case No.-192 Year-2024 Thana- PRANPUR District- Katihar
======================================================
Sanoj Kumar @ Sanju S/O Jaykant Mandal R/O Village- Dhanpara,
Dhanpada, P.S.- Pranpur, Distt- Katihar
... ... Appellant/s
Versus
1. The State of Bihar
2. Kanhai Paswan S/O late Baijnath Paswan R/O Vill.- Maygama, P.S.-
Pranpur, Dist.- Katihar.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Kumar Dhananjay, Advocate
For the Informant : Mr. Jitendra Kumar Pandey, Advocate
For the Respondent/s : Mr.Binay Krishna, S.P.P
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 22-01-2026 Heard learned counsel for the appellant, learned
Special Public Prosecutor for the State and learned counsel for
the informant/Respondent No. 2 and perused the case diary.
2. The instant appeal has been filed by the appellant
against the order dated 28.07.2025 passed by DASJ-I-cum-
Special Judge, SC/ST, Katihar, whereby the prayer for bail of
the appellant in connection with Pranpur P.S. Case No. 192 of
2024 (G.R. No. 6424 of 2024), under Sections 192(2), 126(2),
115(2), 132, 121(2), 351(2) and 352 of the B.N.S and Section
3(i)(r)(s), 3(2)(va) of the SC/ST Act was rejected.
3. Prosecution case, in short, is that on 01.12.2024 at
9.30 AM, which informant was returning to his home in the
meantime, petitioner restrained the informant and abused him
calling the name of his caste. On protest, the petitioner assaulted
Patna High Court CR. APP (SJ) No.4406 of 2025(3) dt.22-01-2026
2/3
the informant by means of bamboo and fists. In the mean time,
six unknown boys also reached there and assaulted the
informant. It is alleged that petitioner kept pistol on the temple
of the informant and threatened to kill him.
4. Learned counsel for the appellant submits that the
appellant is innocent and has falsely been implicated in the
present case. Charge-sheet has been submitted in this case.
Learned counsel for the appellant further submits that the
appellant has not taken the caste name of the informant in public
view. Hence, no offence under the provisions of SC/ST Act is
made out against him. The appellant has no intention to disgrace
the image of the informant in public view. There is no specific
allegation against the appellant. The appellant is in custody
since 17.05.2025 and has seven criminal antecedents.
5. Learned Special P.P. for the State and the informant
have vehemently opposed the prayer for grant of bail to the
appellant.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
appellant, this Court is inclined to allow this appeal.
Accordingly, the appeal is allowed and order dated 28.07.2025
passed by DASJ-I-cum-Special Judge, SC/ST, Katihar, in
connection with Pranpur P.S. Case No. 192 of 2024 (G.R. No.
6424 of 2024), is hereby set aside.
Patna High Court CR. APP (SJ) No.4406 of 2025(3) dt.22-01-2026
3/3
7. Let the appellant be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Pranpur P.S. Case
No. 192 of 2024 (G.R. No. 6424 of 2024), subject to the
following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(III) If the petitioner is found involved in similar
nature of offence in future, the Trial Court will have the liberty
to cancel the bail bonds of the petitioner.
(IV) The petitioner will not leave the territorial
jurisdiction of the Court below without its prior permission for
the same.
(Rudra Prakash Mishra, J)
manish/-
U T
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