Patna High Court
Pankaj Kumar Chaudhary @ Pankaj ChaudharyversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The High Court allowed the bail application, setting aside the order of the Special Judge that had rejected bail.
Summary
The appellant, Pankaj Kumar Chaudhary, appealed against the order of the Special Judge that rejected his bail application in a case under the SC/ST (Prevention of Atrocities) Act and several sections of the Bihar Penal Code. The charges alleged that the appellant, along with others, abused an informant using caste slurs, assaulted him with an iron rod and stole Rs.15,000. The appellant contended that he was falsely implicated and that the specific assault allegation pertained to another individual, Uday Kant Jha. The State opposed bail, citing the seriousness of the offences. After considering the facts and the nature of the allegations, the Patna High Court set aside the lower court’s order and granted bail on condition of a Rs.10,000 bond with two sureties.
Issues considered
- Whether the appellant is entitled to bail despite charges under Sections 126(2), 115(2), 308(2), 109, 352, 351(2), 3(5) of the Bihar Penal Code and Sections 3(1)(r)(s), 3(2)(v) of the SC/ST (Prevention of Atrocities) Act.
- Whether the allegations against the appellant are sufficiently substantiated to justify denial of bail.
- Whether the lower court erred in rejecting the bail application.
Legislation cited
- SC/ST (Prevention of Atrocities) Act — s. 3(1)(r), 3(1)(s), 3(2)(v)
Subjects
- bail
- SC/ST Act
- assault
- false implication
- caste-based offence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.486 of 2026
Arising Out of PS. Case No.-50 Year-2025 Thana- SC/ST District- Saharsa
======================================================
Pankaj Kumar Chaudhary @ Pankaj Chaudhary S/o Uday Kant Chaudhary
R/o Village- Parari, Ps- Bangaon, District- Saharsa
... ... Appellant/s
Versus
1. The State of Bihar Bihar
2. Rajeev Paswan S/o Late Yogendra Paswan R/o vill - Beriyahi Bazar, Harijan
Colony, P.s.- Bangaon, Distt.- Saharsa
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Chandra Mohan Jha
For the Respondent/s : Mr.Sadanand Paswan
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 23-04-2026 Heard the parties.
2. Notice has been received by the wife of the
opposite party no. 02 and accordingly, the same is treated to be
served validly.
3. The instant appeal has been filed by the appellant
against the order dated 19.01.2026 passed by the learned ADJ-
1st-cum Special Judge, SC/ST Act, Saharsa, whereby the bail
application of the appellant in connection with Special Case No.
118 of 2025 arising out of SC/ST P.S. Case No. 50 of 2025
registered for the offence under Sections 126(2), 115(2), 308(2),
109, 352, 351(2), 3(5) of the BNS and under Sections 3(1)(r)
(s), 3(2)(v) of SC/ST (POA) Act, was rejected.
Patna High Court CR. APP (SJ) No.486 of 2026(3) dt.23-04-2026
2/2
4. The appellant and others are said to have abused
the informant by taking caste name and have also assaulted him
by iron rod and snatched Rs. 15,000/- from him.
5. The appellant is in custody since 10.10.2025.
6. Learned counsel for the appellant has submitted
that the appellant is innocent and has falsely been implicated in
this case. He further submits that the specific allegation of
assault is against one Uday Kant Jha and not the appellant.
7. Learned Special P.P. for the State has vehemently
opposed the prayer for grant of bail to the appellant.
8. Considering the facts of the case and also
considering the nature of allegation levelled against the
appellant, this application is allowed and accordingly, the order
dated 19.01.2026, is hereby set aside.
9. Let the appellant be released on bail upon
furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand)
with two sureties of the like amount each to the satisfaction of
Court below/concerned Court in connection with Special Case
No. 118 of 2025 arising out of SC/ST P.S. Case No. 50 of 2025.
(Sandeep Kumar, J)
Vikas/-
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