Patna High Court
Sunny KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
Holding
The appeal is allowed and anticipatory bail is granted to the appellants subject to prescribed conditions.
Summary
Sunny Kumar and Vishal Kumar were charged under several sections of the Bihar Penal Code and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. They appealed to the Patna High Court under Section 14‑A(2) of the SC/ST Act against the lower court’s refusal to grant anticipatory bail. The appellant’s counsel argued that a similar case, Raushan Kumar (Cr. Appeal (SJ) No. 4307 of 2025), had been granted bail, and the High Court found the facts analogous. The State opposed the bail, but the Court held that the appellant should be released on anticipatory bail, subject to a bond of Rs 5,000 and two sureties, and conditions under Section 482(2) of the BNSS. Consequently, the impugned order was set aside and the appeal was allowed.
Issues considered
- Whether anticipatory bail should be granted to the appellants under Section 14‑A(2) of the SC/ST Act.
- Whether the refusal of anticipatory bail by the lower court is justified in view of the precedent set in Raushan Kumar’s case.
- Whether the provisions of Section 482(2) of the BNSS can be invoked to impose conditions on the anticipatory bail.
Legislation cited
- Bihar Negotiable Sale (BNSS) (or Bihar Penal Code as referenced) — s. 115(2), 126(2), 303(2), 3(5), 351(2), 352, 482(2)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14-A(2), 3(1)(r), 3(1)(s)
Subjects
- anticipatory bail
- SC/ST Act
- Section 14-A
- Section 482
- scheduled castes
- scheduled tribes
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4506 of 2025
Arising Out of PS. Case No.-45 Year-2025 Thana- SC/ST District- Vaishali
======================================================
1. Sunny Kumar Son of Rakesh Kumar @ Rakesh Kumar Singh Resident of
Village - Manpur, P.S.- Lalganj, District - Vaishali.
2. Vishal Kumar @ Vishal Kumar Singh Son of Late Shyam Kishore Singh
Resident of Village - Manpur, P.S.- Lalganj, District - Vaishali.
... ... Appellant/s
Versus
1. The State of Bihar
2. Nand Kishore Manjhi Son of Shivjee Manjhi Resident of village -
Madhurapur Kushde, P.S.- Lalganj, District - Vaishali.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Shyameshwar Kumar Singh
For the Respondent/s : Mr.Sadanand Paswan
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 03-07-2026 1. Heard learned counsel for the appellant and learned
Spl. P.P. for the State, Sri Sadanand Paswan.
2. No one appears on behalf of the informant.
3. 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 11-8-2025 in A.B.P. No. 1931 of 2025 passed by the
learned Exclusive Special Judge S.C./S.T.-cum-District
&Additional Sessions Judge, Vaishali at Hajipur, in connection
with Hajipur SC/ST P.S. Case No. 45 of 2025, registered for the
Patna High Court CR. APP (SJ) No.4506 of 2025(4) dt.03-07-2026
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offences punishable under Sections 126(2), 115(2), 303(2), 352,
351(2), and 3(5) of the BNS as well as Sections 3(1)(r), 3(1)(s)
of the SC/ST Act.
4. Learned counsel for the appellant submits that
Raushan Kumar had approached this Court seeking anticipatory
bail by filing Cr. Appeal (SJ) No. 4307 of 2025 and the same
came to be allowed by an order dated 21-1-2026 after
considering the case in details and on merit. It is next submitted
that the case of the appellant, if not akin, is similar to the case of
Raushan Kumar.
5. The Court has perused the allegations as alleged in
the FIR and the order dated 21-1-2026 in Cr. Appeal (SJ) No.
4307 of 2025 and finds that the case of appellant is similar to
the case of Raushan Kumar.
6. Learned Spl. P.P. for the State opposes the prayer
for anticipatory bail of the appellant.
7. Considering the aforesaid facts, let the appellant
above-named, in the event of his arrest or surrender before the
learned trial trial court within a period of six weeks from today,
be released on anticipatory bail on furnishing bail bonds of Rs.
5,000/- (Rupees Five Thousand) with two sureties of the like
amount each to the satisfaction of the learned trial court where
Patna High Court CR. APP (SJ) No.4506 of 2025(4) dt.03-07-2026
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the case is pending/successor court in connection with the
aforesaid case, subject to the conditions as laid down under
Section 482 (2) of the BNSS.
8. Accordingly, the impugned order is set aside and
the appeal stands allowed.
(Satyavrat Verma, J)
Sumit/-
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