Patna High Court
Anil Thakur @ Badho Thakur @ Anil Sharma @ Anil KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The appeal is allowed and the appellant is released on bail.
Summary
The appellant, Anil Thakur, was charged with murder and attempted burning of the respondent Samudri Devi's husband, based largely on a co-accused's confessional statement. The charges were framed under the Bharatiya Nyaya Sanhita, 2023, the Bihar Dian Act, and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The appellant contended that he was falsely implicated due to village politics, had no prior criminal record, and that no caste name was used publicly, thus no SC/ST offence was made out. The State opposed bail, while the appellant’s counsel highlighted that similarly situated co‑accused had been granted bail in earlier cases. The Patna High Court set aside the lower court’s refusal of bail, ordered the appellant’s release on bail with a bond of Rs. 10,000 and two sureties, and allowed the appeal.
Issues considered
- Whether the appellant is entitled to bail despite the serious nature of the offences alleged.
- Whether the alleged conduct falls within the ambit of the SC/ST (Prevention of Atrocities) Act given the absence of public caste identification.
- Whether the reliance on a co‑accused’s confessional statement suffices to justify continued detention.
- Whether the appellant should be treated on par with other co‑accused who have already been granted bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 103(2), 109, 115(2), 190, 191(2)
- Bihar Dian Act — s. 3, 4
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(1)(r)(s), 3(2)(v)
Subjects
- bail
- SC/ST Act
- murder
- caste atrocity
- criminal procedure
- special court
- confessional statement
- political victimisation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.481 of 2026
Arising Out of PS. Case No.-507 Year-2025 Thana- HISUWA District- Nawada
======================================================
Anil Thakur @ Badho Thakur @ Anil Sharma @ Anil Kumar S/O Chhedi
Thakur Resident of Village- Panchu Gadh Mushahari, P.S.- Hisua, District
Nawada
... ... Appellant/s
Versus
1. The State of Bihar
2. Samudri Devi W/O Late Gaya Manjhi Resident of Village- Panchu Gadh
Mushahari, P.S.- Hisua, District Nawada
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Manish Kumar No 13, Advocate
Mr. Rohit Kumar, Advocate
For the Respondent/s : Mrs. Usha Kumari 1, Spl.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 15-05-2026 Heard learned counsel for the appellants and learned
Spl. P.P. for the State.
2. This is an appeal under Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989
(hereinafter referred to as the “SC/ST Act”) against the refusal of
prayer for bail vide order dated 18.12.2025 passed by the learned
Exclusive Special Judge, Special court, SC/ST Act, Nawada in
connection with Hisua P.S. Case No. 507 of 2025 registered for
the offences punishable under Sections 191(2), 190, 103(1),
103(2), 115(2) & 109 of the Bharatiya Nyaya Sanhita, 2023,
under Sections 3 and 4 of the Bihar Dian Act and under Sections
3(1)(r)(s), 3(2)(v) of the SC/ST Act.
Patna High Court CR. APP (SJ) No.481 of 2026(4) dt.15-05-2026
2/3
3. The case of the respondent, in short, is that the
appellant along with other co-accused persons has murdered the
husband of respondent and they also decided to burn the
respondent Samudri Devi with deceased Gaya Manjhi.
4. Learned counsel for the appellant submits that
appellant is innocent and has falsely been implicated in the
present case due to dirty village politics. Charge-sheet has been
submitted in this case. No specific allegation is against the
appellant. The name of the appellant has transpired on the basis
of confessional statement of co-accused Mohan Manjhi. Learned
counsel for the appellant further submits that the appellant has
not taken the caste name of the respondent in public view. Hence,
no offence under the provisions of SC/ST Act is made out against
them. The appellant has no intention to disgrace the image of the
respondent in public view. There is no specific allegation of
assault against the appellant. The appellant has got no criminal
antecedent and he is in custody since 27.08.2025. Learned
counsel has further submitted that similarly situated other co-
accused persons have already been granted bail by this Court
vide Cr. APP(SJ) Nos. 4569 of 2025 and 4579 of 2025.
5. Learned Spl.P.P. for the State has vehemently
opposed the prayer for grant of bail to the appellants.
6. In view of the submissions made by the learned
Patna High Court CR. APP (SJ) No.481 of 2026(4) dt.15-05-2026
3/3
counsel for the appellant, the order dated 18.12.2025 passed by
the learned Exclusive Special Judge, Special court, SC/ST Act,
Nawada in connection with Hisua P.S. Case No. 507 of 2025 is
hereby set aside and the appellants above-named, be released on
bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned court of Exclusive Special Judge,
Special Court, SC/ST Act, Nawada in connection with Hisua P.S.
Case No. 507 of 2025.
7. Accordingly the appeal stands allowed.
(Ashok Kumar Pandey, J)
Shubham/-
Sneha/-
U T
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