Patna High Court
Sunil Ray @ Sunil Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRABHAT KUMAR SINGH
Holding
The appeal is dismissed and anticipatory bail is not granted.
Summary
Sunil Ray (appellant) was charged under Section 105 of the Bihar Narcotic Substances Act and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly injecting medicines into the wife of informant Nand Lal Nat, leading to her death. The appellant sought anticipatory bail, which was denied by the 1st Additional Sessions Judge. On appeal, the High Court examined whether the FIR disclosed a caste‑based atrocity and whether the seriousness of the accusation warranted bail. The Court observed that, despite the absence of a specific caste‑abuse allegation, the accusation was direct and serious. Consequently, the Court rejected the anticipatory bail plea and dismissed the appeal.
Issues considered
- Whether anticipatory bail can be granted to an accused charged under Section 105 of the Bihar Narcotic Substances Act and Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act.
- Whether the FIR discloses a caste‑based atrocity sufficient to invoke the SC/ST Act.
- Whether the nature of the accusation justifies denial of pre‑arrest bail.
Legislation cited
Subjects
- anticipatory bail
- Section 105
- SC/ST Act
- caste atrocity
- bail denial
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4811 of 2024
Arising Out of PS. Case No.-320 Year-2024 Thana- KOILWAR District- Bhojpur
======================================================
Sunil Ray @ Sunil Kumar Yadav Son of Late Udit Lal Ray @ Udit Lal Yadav
Resident of Village - Kajichak, P.S. - Koilwar, District - Bhojpur
... ... Appellant/s
Versus
1. The State of Bihar
2. Nand Lal Nat Son of Late Bhola Nat Resident of Village - Chhotaka
Chanda, P.S. - Koilwar, District - Bhojpur
... ... Respondent/s
======================================================
Appearance :
For the Appellant : Ms. Malti Kumari, Advocate
For the State : Mr. Binay Krishna, Spl.PP
For the Informant : None
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 02-04-2026 Heard learned counsel appearing for the appellant and
learned Special Public Prosecutor appearing for the respondent-
State.
2. Despite filing Vakalatnama, no body appears on
behalf of the informant/Respondent No. 2.
3. This appeal has been filed for setting aside order
dated 27.09.2024 passed by the learned 1st Additional Sessions
Judge-cum-Special Judge, SC/ST (POA) Act, Bhojpur at Ara in
a case registered for the offence punishable under Section 105
of the B.N.S. and Section 3(2)(v) of the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, whereby the
Patna High Court CR. APP (SJ) No.4811 of 2024(4) dt.02-04-2026
2/3
prayer for grant of anticipatory bail to the appellant has been
rejected.
4. The prosecution case, in brief, is that on
09.08.2024 at about 4 PM, informant had gone to the clinic of
this appellant for treatment of his wife where this appellant
injected some medicines to his wife due to which her condition
deteriorated and while being taken to Koilwar Hospital, she
died.
5. It is submitted by learned counsel appearing on
behalf of the appellant that appellant is quite innocent and has
committed no offence. From bare perusal of the F.I.R. it is
apparent that there is absolutely no allegation of abuse by caste
name against this appellant and as such, no case under the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act is made out against this appellant. Appellant
claims clean antecedents.
6. On the other hand, learned Spl. P.P. appearing for
the respondent-State has opposed the prayer for grant of
anticipatory bail to the appellant and submitted that appellant is
named in the F.I.R. and there is specific accusation that without
having knowledge and requisite qualification, this appellant
Patna High Court CR. APP (SJ) No.4811 of 2024(4) dt.02-04-2026
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injected wife of informant with some medicines as a result of
which, she died while being taken to Koilwar Hospital.
7. Considering the facts and circumstances of the case
and specific and direct nature of accusation, appellant’s prayer
for grant of pre-arrest bail is rejected and this appeal is,
accordingly, dismissed.
(Prabhat Kumar Singh, J)
shashank/-
U T
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