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Patna High Court

Pankaj Kumar Chaudhary @ Pankaj ChaudharyversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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/-

U


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