Patna High Court
Munna Jha @ Mannu Kumar Jha @ Mannu JhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Criminal Procedure Code — s. 41(1)
- Indian Penal Code — s. 308, 323, 324, 34, 341, 504
- Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14-A(2), 3(i)(r), 3(i)(s)
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
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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
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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
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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
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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/-
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