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Patna High Court

Munna Jha @ Mannu Kumar Jha @ Mannu JhaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the appellants and set aside the order of the Exclusive Special Judge.

Summary

The appellants were accused of assaulting an informant on 13 April 2021, during which a co‑accused used caste‑based slurs. The Special Judge had rejected their anticipatory bail application under the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The appellants filed an appeal, submitting a jointness affidavit to establish valid service of notice. The High Court observed that the caste abuse was attributable solely to the co‑accused and that no specific allegation of assault was made against the appellants. Consequently, the Court granted anticipatory bail, set aside the Special Judge’s order, and directed the appellants to furnish bail bonds with sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

  • Whether the appellants are liable for the caste‑based assault alleged in the FIR.
  • Whether anticipatory bail can be granted to the appellants under the SC/ST (Prevention of Atrocities) Act, 1989.
  • Whether the notice served on respondent No.2 is valid in view of the jointness affidavit.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • caste based assault
  • jointness affidavit
  • notice service
  • criminal procedure
  • bail conditions

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.4589 of 2024
                 Arising Out of PS. Case No.-76 Year-2021 Thana- GHANSHYAMPUR District- Darbhanga
                 ======================================================
           1.     Munna Jha @ Mannu Kumar Jha @ Mannu Jha Son of Batakun Jha @
                  Jagdish Jha Village- Korthu, Ps- Ghanshayampur, Dist- Darbhanga
           2.    Ram Kumar Jha @ Dugal Kumar Jha Son Of Indrakant Jha Village- Korthu,
                 Ps- Ghanshayampur, Dist- Darbhanga
           3.    Bambam Kumar Jha son of Sitamram Jha Village- Korthu, Ps-
                 Ghanshayampur, Dist- Darbhanga
           4.    Rahul Kumar Jha son of Lothai Jha @ Vivekanand Jha Village- Korthu, Ps-
                 Ghanshayampur, Dist- Darbhanga

                                                                               ... ... Appellant/s
                                                     Versus
           1.    The State of Bihar
           2.    Krishna Kumar Paswan Son of Khudhu Paswan Village- Korthu, Ps-
                 Ghanshayampur, Dist- Darbhanga

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :       Mr.Sameer Ranjan
                 For the Respondent/s   :       Ms.Usha Kumari 1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

6   23-02-2026         1.   A jointness affidavit, by way of I. A. No. 01 of 2026, has

                            been filed on behalf of the appellants stating therein that

                            the notices issued upon respondent no. 2 has been

                            received by his brother and both of them are living in

                            jointness at the same residential address and also enjoying

                            their food in the same mess.

                       2.   Accordingly, the notice issued upon respondent no. 2 is

                            treated to have been validly served.

                       3. I. A. No. 01 of 2026 is allowed.
Patna High Court CR. APP (SJ) No.4589 of 2024(6) dt.23-02-2026
                                             2/4




              4. Heard learned Counsel for the appellants and learned

                   Additional Public Prosecutor for the State.

              5.   An order, dated 05.08.2024 passed by learned Exclusive

                   Special Judge, SC/ST, Darbhanga, in A.B.P. No. 26 of

                   2024, is under challenge in the present appeal preferred

                   under Section 14-A(2) of the Scheduled Caste and

                   Scheduled Tribes (Prevention of Atrocities) Act, 1989,

                   whereby the anticipatory bail application of the appellants

                   in connection with Ghanshyam Police Station Case No.

                   76 of 2021, registered for the offences punishable under

                   Sections 341/323/324/504/308/34 of the Indian Penal

                   Code and Sections 3 (i) (r)/3 (i) (s) of the Scheduled

                   Caste and Scheduled Tribes (Prevention of Atrocities)

                   Act, 1989, has been rejected.

              6.   The prosecution case, as per the First Information Report,

                   is that on 13.04.2021, at about 06:30 PM, the informant

                   had gone to purchase vegetables where the appellants,

                   along with other co-accused persons, surrounded him and

                   took him to some other place on a motorcycle, where they

                   assaulted the informant with fists and during the assault,

                   co-accused Lal Babu Jha abused in the caste name of the

                   informant and assaulted him on his head with tangari,
Patna High Court CR. APP (SJ) No.4589 of 2024(6) dt.23-02-2026
                                             3/4




                   causing injury. Upon noise being raised by the informant,

                   other persons arrived and got the informant freed from the

                   clutches of the appellants and other accused persons.

              7.   Learned Counsel appearing on behalf of the appellants

                   submits that both, the appellants and the informant, are

                   co-villagers and there was some dispute between them.

                   The allegation of abuse in the caste name and assault is

                   not upon the appellants, but the same is specifically

                   against co-accused Lal Babu Jha. The appellants were

                   given the benefits of Section 41(1) of the Code of

                   Criminal      Procedure,        1973     during   the   course   of

                   investigation, but charge sheet has been submitted and

                   cognizance has been taken.

              8.   No one appears on behalf of the Opposite Party No. 2.

              9.   Learned Special Additional Public Prosecutor opposed the

                   prayer for bail and submits that the appellants are named

                   in the First Information Report and cognizance has been

                   taken against them.

              10. Having heard learned Counsel for the parties concerned

                   and taking into consideration the fact that there is no

                   specific allegation of assault against the appellants,

                   calling the informant by his caste name is upon co-
            Patna High Court CR. APP (SJ) No.4589 of 2024(6) dt.23-02-2026
                                                         4/4




                              accused Lal Babu Jha and the informant has sustained

                              simple injury, I am inclined to grant anticipatory bail to

                              the appellants.

                          11. Accordingly, this appeal is allowed and the order, dated

                              05.08.2024, passed in A.B.P. No. 26 of 2024, by learned

                              Exclusive Special Judge, SC/ST, Darbhanga, is set aside.

                          12. Let the appellants, above named, be released on bail on

                              furnishing bail bonds of Rs. 10,000/- (ten thousand) each

                              with two sureties of the like amount each to the

                              satisfaction of learned Exclusive Special Judge, SC/ST,

                              Darbhanga, in connection with Ghanshyampur Police

                              Station Case No. 76 of 2021, subject to the condition laid

                              down under Section 482 (2) of the Bharatiya Nagarik

                              Suraksha Sanhita, 2023.



                                                                         (Anil Kumar Sinha, J.)
Prabhakar Anand/-

U √     T   √


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