Patna High Court
Golu Mistry @ Golu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ARUN KUMAR JHA
Holding
The High Court allowed the appeal, setting aside the trial court’s refusal of anticipatory bail and directing that bail be granted subject to conditions.
Summary
The appellant, Golu Mistry, was charged under several provisions of the Bihar Penal Code and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly assaulting an informant with an iron rod. The appellant contended that the allegations were false, arising from a land dispute, and that he was innocent with no prior criminal record. The trial court refused anticipatory bail, prompting an appeal under Section 14(A)(2) of the SC/ST (POA) Act. The High Court examined the possibility of false accusation, the lack of substantive injury evidence, and the appellant’s clean antecedent. It ordered that the appellant be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the Bihar Criminal Procedure Code, and set aside the trial court’s order. The appeal was therefore allowed.
Issues considered
- What is the appropriate exercise of discretion by the trial court in refusing anticipatory bail under the SC/ST (POA) Act?
- Whether the allegations against the appellant constitute a false or frivolous case warranting bail.
- Whether the appellant’s lack of criminal antecedent and the nature of the alleged injury justify granting anticipatory bail.
Legislation cited
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 14(A)(2), 3(1)(r)(s), 3(2)(va)
Subjects
- anticipatory bail
- SC/ST (POA) Act
- false allegations
- land dispute
- bail conditions
- Section 482
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4810 of 2025
Arising Out of PS. Case No.-339 Year-2025 Thana- WARISLIGANJ District- Nawada
======================================================
Golu Mistry @ Golu Kumar Son of Sanjay Mistry @ Sanjay Mistri Resident
Of Village- Chakvay, P.s. - Warisaliganj, District- Nawada
... ... Appellant/s
Versus
1. The State of Bihar
2. Vinod Chaudhary Son of Late Rajendra Chaudhary Resident Of Village-
Chakvay, P.s. - Warisaliganj, District- Nawada
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Deepak Kumar, Adv.
For the State : Mrs.Usha Kumari 1, Spl.PP
For the Respondent No.2: Ms. Swarnima, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 23-02-2026 Heard learned counsel for the appellant, learned
counsel for the respondent no. 2 and learned Spl.PP for the State.
2. This is an appeal under Section 14(A)(2) of the
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)
Act against the refusal of prayer for anticipatory bail by order
dated 06.11.2025 passed by the learned Exclusive Special Judge
SC/ST (PoA) Act, Nawada in connection with ABP No. 2661 of
2025 arising out of Warisaliganj P.S. Case No. 339 of 2025,
registered for the alleged offences under Sections 126(2), 115(2),
109, 352, 351(2), 3(5) of the BNS and Sections 3(1)(r)(s)and 3 (2)
(va) of the Scheduled Castes and Scheduled Tribes (POA) Act.
3. As per the prosecution case, the present appellant
and other coaccused persons armed with iron rod and khanti came
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to the doors of the informant and assaulted him. Specific allegation
against the appellant is that he hit on the hand of the informant
with iron rod causing serious injury.
4. Learned counsel for the appellant submits that the
appellant is innocent and has been falsely implicated in this case.
There is land dispute between the parties and the informant has
levelled completely false allegation against the appellant and
others. True fact of the case is that on 28.06.2025, the mother of
the appellant has been constructing a furnace and the informant
along with one Nitish Kumar and his son Golu Kumar came there
and stopped her from constructing the furnace. When opposed,
they misbehaved with her and when the appellant came to save his
mother than the informant assaulted with iron rod on his head he
became seriously injured. The entire occurrence was brought to the
notice of police and Warisaliganj PS. Case No. 341 of 2025 was
instituted for the offences punishable under Section 126(2),
115(2), 352, 351(2), 74, 75(1), 3(5) and 109 of the BNS. In order
to save themselves from the case of the appellant side which is
Warisaliganj PS. Case No. 341 of 2025, the present case has been
lodged levelling false and frivolous allegations. The facts and
circumstances of the case show that no allegation would stick to
the appellant. However, the learned trial court did not consider the
facts in proper perspective and did not take into consideration the
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counter version of the appellant side. The appellant has no
criminal antecedent. No injury as alleged against the appellant has
been found as only injury is a lacerated wound of 2”x0.25”x0.25”
over centre of the head and this falsifies and allegation against the
appellant.
5. Learned Spl.PP as well as learned counsel for the
respondent no. 2 oppose the submission made on behalf of the
learned counsel for the appellant. Learned counsel for the
respondent no. 2 submits that there is specific allegation against
the appellant for causing injury on the hand of the informant with
an iron rod.
6. Having regard to the facts and circumstances and
submission made on behalf of the parties and considering the
possibility of false accusation, let the appellant above named, in
the event of his arrest or surrender before the court concerned
within a period of eight weeks from today, be released on bail, on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only)
each with two sureties of the like amount each to the satisfaction
of Court of learned Exclusive Special Judge, SC/ST, Nawada/
court concerned in connection with Warisaliganj P.S. Case No. 339
of 2025, subject to the condition laid down under Section 482(2)
of the B.N.S.S. and other following conditions:
(i) One of the bailors will be a
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close relative of the appellant.
(ii) The appellant will remain
present on each and every date
fixed by the court below, if so
required by the learned trial
court.
7. Accordingly, the impugned order dated 06.11.2025 is
set aside and the appeal stands allowed.
8. The learned trial court would provisionally accept the
bail bond of the appellant and verify and criminal antecedent of
the appellant and if any criminal antecedent of the appellant is
found, provisional bail will not be confirmed.
(Arun Kumar Jha, J)
Anuradha/-
U T
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