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Patna High Court

Sunil Ray @ Sunil Kumar YadavversusThe State of Bihar

Decided
Disposal
DISMISSED

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
                                                          3/3




                       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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