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Patna High Court

Santosh RishiversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appeal is allowed and bail is granted, setting aside the lower court's order denying bail.

Summary

Santosh Rishi was charged with extortion, assault, theft and property damage arising from a dispute over allotted government land, and alleged offences under the SC/ST Act. The appellant contended that he was falsely implicated, that the charge‑sheet was vague, and that no caste name was used publicly, thus no SC/ST offence was made out. The State opposed bail, emphasizing the seriousness of the injuries and the multiple charges. The High Court, considering the appellant's prolonged custody and the lack of specific allegations, set aside the lower court's denial of bail. The appeal was allowed and the appellant was released on bail upon furnishing a bond of Rs. 15,000 with two sureties.

Issues considered

  • Whether bail should be granted in a case involving multiple serious offences including those under the SC/ST Act.
  • Whether the alleged SC/ST offences are established given the claim that no caste name was used in public.
  • Whether the appellant's period of custody and the nature of the alleged offences justify denial of bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • SC/ST Act
  • extortion
  • assault
  • theft
  • property damage
  • Bharatiya Nyaya Sanhita
  • high court
  • Purnea

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.4944 of 2025
                      Arising Out of PS. Case No.-99 Year-2025 Thana- Champanagar District- Purnia
                 ======================================================
                 Santosh Rishi Son of Raghev Rishi Resident of village-Ghichora, Rahina,
                 Post-Sinhiya, P.S-champa Nagar, Dist-Purnea, Bihar

                                                                                    ... ... Appellant/s
                                                        Versus
           1.    The State of Bihar
           2.    Sanjay Kumar Marandi son of Chandradev Marandhi Resident of village-
                 Thathi Dharhar, Post- Sanjhaghaat, Ps- Dahamdha, Dist- Purnea

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Rakesh Kumar Jha, Advocate
                 For the Respondent/s    :        Mr. Binay Krishna, SPP
                 For the Res. No. 2      :        Mr. Surendra Kumar Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   12-03-2026                     Heard learned counsel for the appellant, learned

                   Special Public Prosecutor for the State, learned counsel for the

                   informant/Respondent No. 2 and perused the case diary.

                               2. The instant appeal has been filed by the appellant

                   against the order dated 17.11.2025 passed by learned District

                   and Sessions Judge-I-cum-Special Judge, Schedule Caste/

                   Schedule Tribe (POA) Act, Purnea whereby the prayer for bail

                   of the appellant in connection with Champanagar P.S. Case No.

                   99 of 2025 under Sections 191(2), 191(3), 190, 126(2), 115(2),

                   118(2), 109, 308(2), 303(2), 119(1), 176, 329(3), 352, 351(2) of

                   the Bharatiya Nyaya Sanhita, 2023, read with Sections 3(1)(r)(s)

                   and 3(2)(va) of SC/ST Act was rejected.
Patna High Court CR. APP (SJ) No.4944 of 2025(3) dt.12-03-2026
                                             2/3




                       3. Prosecution case, in short, is that the informant

          along with others had been allotted government land for

          cultivation and had been residing there. However, the appellant

          along with co-accused persons demanded extortion, assaulted

          them, stole valuables and damaged property.

                       4. Learned counsel for the appellant submits that the

          appellant is innocent and has falsely been implicated in the

          present case. Charge-sheet has been submitted in this case.

          Learned counsel for the appellant also submits that no specific

          allegation has been attributed against the appellant rather the

          same is general and omnibus in nature. It is next submitted that

          the appellant has been implicated only on the basis of land

          dispute between the parties. Learned counsel for the appellant

          further submits that the appellant has not taken the caste name

          of the informant in public view. Hence, no offence under the

          provisions of SC/ST Act is made out against him. The appellant

          has no intention to disgrace the image of the informant in public

          view. The appellant is in custody since 07.09.2025 and has got

          one criminal antecedent in which he is on bail.

                       5. Learned Special P.P. for the State and learned

          counsel for the Respondent No. 2 have vehemently opposed the

          prayer for grant of bail to the appellant. Learned counsel for the
             Patna High Court CR. APP (SJ) No.4944 of 2025(3) dt.12-03-2026
                                                          3/3




                       Respondent No. 2 submits that the trial is in progress and the

                       injuries sustained by the injured are grievous in nature caused

                       by hard and blunt object. Hence, the appellant does not deserve

                       the privilege of bail.

                                    6. Considering the aforesaid facts and circumstances

                       of the case and the period of custody undergone by the

                       appellant, this Court is inclined to allow this appeal.

                       Accordingly, the appeal is allowed and order dated 17.11.2025

                       passed by learned District and Sessions Judge-I-cum-Special

                       Judge, Schedule Caste/ Schedule Tribe (POA) Act, Purnea is

                       hereby set aside.

                                    7. Let the appellant be released on bail on furnishing

                       bail bonds of Rs. 15,000/- (Rupees Fifteen thousand) with two

                       sureties of the like amount each to the satisfaction of Court

                       below/concerned Court in connection with Champanagar P.S.

                       Case No. 99 of 2025.



                                                                    (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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