Patna High Court
Suman Kumar Pandey @ Suman PandeyversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The appellate court allowed the appeal, set aside the order refusing anticipatory bail, and granted bail on condition.
Summary
The appellants, Suman Kumar Pandey and Manan Kumar Pandey, were accused of assaulting an informant and were charged under several provisions of the Bharatiya Nyaya Sanhita and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The Special Court had rejected their application for anticipatory bail. On appeal, the Patna High Court examined whether the allegations disclosed a specific overt act by the appellants and whether the injuries and alleged caste abuse justified denial of bail. The Court found the charge sheet to be vague, the injuries to be simple, and no caste-based abuse was alleged, concluding that the requirements for denial of anticipatory bail were not met. Consequently, the Court granted bail on condition of furnishing bonds and sureties, and set aside the Special Court’s order. The appeal was therefore allowed.
Issues considered
- Whether the appellants are entitled to anticipatory bail despite the charges under the Bharatiya Nyaya Sanhita and the SC/ST Act.
- Whether the FIR discloses a specific overt act by the appellants sufficient to deny bail.
- Whether the nature and severity of the alleged injuries and alleged caste abuse warrant denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 106, 115(2), 117(2), 126(2), 127(2), 3(5)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r)(s)
Subjects
- anticipatory bail
- assault
- SC/ST Act
- Bharatiya Nyaya Sanhita
- bail conditions
- caste-based violence
- criminal appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4740 of 2024
Arising Out of PS. Case No.-139 Year-2024 Thana- NAYAGAON District- Saran
======================================================
1. Suman Kumar Pandey @ Suman Pandey Son of Late Narsingh Dutt Pandey
Resident of Village - Nayagaon, P.S.- Nayagaon, District - Saran
2. Manan Kumar Pandey @ Manan Pandey Son of Late Narsingh Dutt Pandey
Resident of Village - Nayagaon, P.S.- Nayagaon, District - Saran
... ... Appellant/s
Versus
1. The State of Bihar
2. Tarkeshwar Ram Son of Late Halli Ram Resident of Village - Nayagaon,
P.S.- Nayagaon, District - Saran
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Sunil Kumar Singh, Advocate
For the Respondent/s : Mr. Binay Krishna, Spl. Public Prosecutor
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 02-04-2026 Despite valid service of notice, none appears on
behalf of the respondent no. 2.
2. Heard learned counsel for the appellants and the
State.
3. This appeal has been filed against the order dated
12.09.2024 passed by learned SC/ST Exclusive Special Court,
Saran at Chapra in ABP No. 3003 of 2024 arising out of
Nayagaon P.S. Case No. 139 of 2024 registered under Sections
126(2), 127(2), 115(2), 117(2), 106, 3(5) of the Bharatiya Nyaya
Sanhita and Section 3(1)(r)(s) of Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, whereby the
Patna High Court CR. APP (SJ) No.4740 of 2024(5) dt.02-04-2026
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prayer for anticipatory bail of appellants has been rejected.
4. It is alleged that all the F.I.R. named accused
persons, including these appellants and two unknown
miscreants, caught the informant, forcibly made him sit in their
Scorpio vehicle and brutally assaulted him as a result of which
he sustained injury.
5. Learned counsel for the appellants submits that
allegation of assault is general and omnibus and there is no
allegation of any specific overt act against the appellants. Injury
sustained by the injured are simple in nature. Appellants are not
alleged to have abused informant by caste name and as such, no
case under SC/ST Act is made out against them.
6. Learned Spl. Public Prosecutor for the State
vehemently opposed the bail application.
7. Considering the nature of accusation and injury, let
the appellants, as named above, in the event of their
arrest/surrender within a period of eight weeks from today, be
enlarged 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 SC/ST Exclusive Special Court, Saran at
Chapra in ABP No. 3003 of 2024 arising out of Nayagaon P.S.
Case No. 139 of 2024.
Patna High Court CR. APP (SJ) No.4740 of 2024(5) dt.02-04-2026
3/3
8. Accordingly, this criminal appeal is allowed and
impugned order dated 12.09.2024 is set aside with respect to
these appellants only.
(Prabhat Kumar Singh, J)
Navya/-
U T
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