Patna High Court
Mrityunjay Kumar @ Mirtunjay KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PARTHA SARTHY
Holding
The High Court allowed the appeal and granted anticipatory bail to the appellants.
Summary
The appellants, Mrityunjay Kumar and Shikshanjay Kumar, were charged in a SC/ST case arising from a dispute over a goat that led to alleged assault on the informant and her family, including a simple head injury to the informant's son. They sought anticipatory bail under the Bharatiya Nyaya Sanhita, 2023 and the SC/ST (Prevention of Atrocities) Act, 1989, but the Additional Sessions Judge denied it. The appellants argued they were falsely implicated, had no criminal record, and the injury was minor, while the respondent contended there were direct allegations of assault. The High Court, considering the simple nature of the injury and the appellants' clean record, allowed the appeal and set aside the denial of anticipatory bail. The court directed that, upon arrest or surrender within four weeks, the appellants be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties each.
Issues considered
- Whether anticipatory bail should be granted to the appellants despite allegations of assault under the BN 2023 and SC/ST Act provisions
- Whether the nature of the injury (simple) and lack of criminal antecedent justify granting anticipatory bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 126(2), 3(5), 351(2), 352
- SC/ST (Prevention of Atrocities) Act, 1989 — s. 3(1)(d), 3(1)(dh), 3(1)(za), 3(2)(v)
Subjects
- anticipatory bail
- SC/ST Act
- assault
- simple injury
- bail bond
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.459 of 2026
Arising Out of PS. Case No.-39 Year-2025 Thana- SC/ST District- Saharsa
======================================================
1. Mrityunjay Kumar @ Mirtunjay Kumar S/O Ramchandra Sah R/O Village-
Kachra, ward no. 15, P.S.- Saur Bazar, Dist.- Saharsa.
2. Shikshanjay Kumar S/O Ramchandra Sah R/O Village- Kachra, ward no. 15,
P.S.- Saur Bazar, Dist.- Saharsa.
... ... Appellant/s
Versus
1. The State of Bihar
2. Most. Sukumari Devi W/O late Kapal Sada R/O Village- Kachra, ward no.
15, P.S.- Saur Bazar, Dist.- Saharsa.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Raja Surendra Mohan, Advocate
For the State : None
For Respondent no.2 : Mr. Pramod Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 16-04-2026 Heard learned counsel for the appellants and learned
counsel for the respondent no.2. No one appears on behalf of the
State.
2. The instant appeal has been preferred against the
order dated 13.1.2026 passed in Anticipatory Bail Petition no.942
of 2025 by the learned Additional Sessions Judge-I-cum-Special
Judge, SC/ST (POA) Act, Saharsa and for grant of anticipatory
bail in connection with SC/ST P.S Case no.39 of 2025 registered
under sections 126(2), 115(2), 117(2), 109, 352, 351(2) and 3(5)
of the Bharatiya Nyaya Sanhita, 2023 and sections 3(1)(d), 3(1)
(dh), 3(1)(za) and 3(2)(v) of the SC and ST (Prevention of
Atrocities) Act, 1989.
Patna High Court CR. APP (SJ) No.459 of 2026(3) dt.16-04-2026
2/3
3. As per the prosecution case, the informant states that
as a result of a trivial dispute relating to the goat having entered
into the agricultural land of Mrityunjay Sah, the accused persons
including the two appellants herein abused and assaulted them.
Thereafter Mrityunjay Kumar is said to have assaulted Vikram
Kumar on his head with a khanti/rod as a result of which her son
fell down unconscious.
4. Learned counsel for the appellants submits that the
appellants have been falsely implicated in the case. The manner
of occurrence is other than what has been narrated in the FIR. No
overt act has been alleged against the appellant no.2. So far as the
appellant no.1 is concerned, the injury on the son of the
informant has been found to be simple in nature. The appellants
have no criminal antecedent and undertake to cooperate in the
investigation/trial.
5. The appeal is opposed by learned counsel for the
respondent no.2 who submits that there is direct allegation
against the appellants of having abused and assaulted the
informant and the members of her family. There is direct and
specific allegation against the appellant no.1 of having assaulted
the son of the informant with a khanti/iron rod on his head which
is a vital part of the body, though the injury may have been found
to be simple in nature.
Patna High Court CR. APP (SJ) No.459 of 2026(3) dt.16-04-2026
3/3
6. Having heard learned counsel for the parties and
taking into consideration the allegation against the appellants in
the FIR, the injury having been found on the son of the informant
to be simple in nature together with the appellants not having any
criminal antecedent, the Court is inclined to allow the instant
appeal.
7. The appeal is allowed and the order dated 13.1.2026
passed in Anticipatory Bail Petition no. 942 of 2025 by the
learned Additional Sessions Judge-I-cum-Special Judge, SC/ST
(POA) Act, Saharsa rejecting the prayer for anticipatory bail of
the appellants is hereby set aside.
8. It is directed that both the appellants above named,
in the event of their arrest or surrender before the learned Court
below within a period of four weeks, be released on anticipatory
bail in connection with SC/ST P.S Case no.39 of 2025 on each of
them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Additional Sessions Judge-I-cum-Special Judge,
SC/ST (POA) Act, Saharsa.
(Partha Sarthy, J)
sauravkrsinha/-
U T
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