Patna High Court
Mani Bhusan ChaudharyversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- PRAVEEN KUMAR
Holding
The appeal is allowed; the order rejecting anticipatory bail is set aside and bail is granted to the appellants.
Summary
The appellants, members of the Choudhary family, were charged under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 for a violent incident that resulted in death. They sought anticipatory bail, which was initially rejected by the Additional Sessions Judge. The appellants argued they had clean antecedents, no specific overt act was proved against them, and that co‑accused in similar circumstances had already been granted anticipatory bail by this Court. The Special Public Prosecutor opposed the bail, asserting the appellants' active participation in the crime. Considering the clean records, the precedent of bail to co‑accused, and the conditions imposed, the High Court allowed the appeal, set aside the order of 12‑09‑2024, and granted anticipatory bail to the remaining appellants subject to bond and surety conditions.
Issues considered
- Whether the appellants No.3 and No.4 are entitled to anticipatory bail under Section 14A(2) of the SC/ST Act, 1989.
- Whether the clean antecedent and the grant of bail to co‑accused in similar cases justify the release of the appellants on bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14A(2), 3(2)(v), 3(i)(r)(s)
Subjects
- anticipatory bail
- SC/ST Act
- scheduled caste
- scheduled tribe
- criminal procedure
- bail
- caste violence
- murder
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.5102 of 2024
Arising Out of PS. Case No.-287 Year-2024 Thana- UDWANTNAGAR District- Bhojpur
======================================================
1. Mani Bhusan Chaudhary Son of Shiv Bachan Choudhary Resident of
Keshopur Bakri, P.S.- Udwantnagar, Distt.- Bhojpur
2. Santosh Choudhary Son of Ram Bachan Choudhary Resident of Keshopur
Bakri, P.S.- Udwantnagar, Distt.- Bhojpur
3. Sonu choudhary Son of Ram Bachan Choudhary Resident of Keshopur
Bakri, P.S.- Udwantnagar, Distt.- Bhojpur
4. Rohit Choudhary Son of Gopal Choudhary Resident of Keshopur Bakri,
P.S.- Udwantnagar, Distt.- Bhojpur
5. Ram Bachan Choudhary Son of Late Ram Asharey Choudhary Resident of
Keshopur Bakri, P.S.- Udwantnagar, Distt.- Bhojpur
... ... Appellants
Versus
1. The State of Bihar
2. Nitish Kumar Son of Late Sita Ram Rajak Resident of Keshopur Bakri, P.S.-
Udwantnagar, Distt.- Bhojpur
... ... Respondents
======================================================
Appearance :
For the Appellants : Mr. Manoj Kumar, Advocate
For the Respondent/s : Mr.Sadanand Paswan
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
5 12-02-2026 Heard learned counsel for the appellants and learned
Special Public Prosecutor appearing for the State and also
learned counsel for the respondent No.2.
2. Learned counsel for the appellants, at the outset,
seeks permission to withdraw the prayer of anticipatory bail of
appellants No. 1, 2 and 5, namely, Mani Bhushan Choudhary,
Santosh Choudhary and Ram Bachan Choudhary respectively.
3. Permission is accorded.
4. This appeal with respect to the appellants No. 1, 2
Patna High Court CR. APP (SJ) No.5102 of 2024(5) dt.12-02-2026
2/5
and 5, namely, Mani Bhushan Choudhary, Santosh Choudhary
and Ram Bachan Choudhary respectively is dismissed as
withdrawn.
5. Accordingly, this appeal is now taken up for
consideration of prayer of anticipatory bail of appellants No. 3
and 4, namely, Sonu Choudhary and Rohit Choudhary
respectively.
6. This appeal under Section 14A(2) of the
Scheduled Caste and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 has been directed against the order dated
08.05.2024 passed by learned Additional Sessions Judge-1st
-cum-Special Judge SC/ST Act, Bhojpur at Ara, in A.B.P. No.
2416 of 2024 in connection with Udwant Nagar P.S. Case No.
287 of 2024, registered under Sections 191*2), 191(3), 190,
126(2), 115(2), 109(1), 103(2) of the BNS read with Section 3(i)
(r)(s) and 3(2)(v) of Scheduled Castes and Scheduled Tribe
(Prevention of Atrocities) Act, 1989, whereby the prayer for
grant of anticipatory bail of the appellants has been rejected.
7. As per the prosecution case, the informant,
namely, Nitish Kumar, alleged that on 04.07.2024, while the
informant was sitting in the lawn of the Harijan Community
Hall along with his brothers and cousin, at about 01:30 PM, the
Patna High Court CR. APP (SJ) No.5102 of 2024(5) dt.12-02-2026
3/5
appellants along with other named accused persons came there ,
surrounded them the accused persons started firing from pistol
targeting them. On exhortation of accused Mala Devi by taking
caste name to kill them, they assaulted Vikash Kumar by lathi,
danda and iron rod, accused Gopal Choudhary gave a blow by
pistol, resulting in injury on his head. Accused Harendra
Choudhary, Gopal Choudhary, Ramashankar Choudhary, Vijay
Choudhary, Shivbachan Choudhary opened indiscriminate firing
from the pistol at Birendra Ram, who sustained gun shot injuries
in his head, leg, abdomen and knee, as a result of which he fell
down and died. It is alleged that the accused persons had
threatened them in the morning the PACS Chairman Chandan
Choudhary had threatened him of dire consequences for dispute
for money. In the past also they were assaulted by the accused
persons. This occurrence has been committed in a planned
manner.
8. Learned counsel appearing for the appellants
submits that the appellants No. 3 and 4 bear clean antecedent
and no specific overt act has been alleged against them. Since
they belong to the same family, their names has been given in
the case. As regards allegation of abuse with the caste name
attracting the rigours of SC & ST Act is concerned, it is not
Patna High Court CR. APP (SJ) No.5102 of 2024(5) dt.12-02-2026
4/5
committed in a public place nor any person has been named to
be present at the place of occurrence when the alleged offence
of abuse was being committed. He further submits that no case,
as alleged in the F.I.R, attracting rigours of SC & ST Act is
made out against the appellants. Moreover, the co-accused,
namely, Chandan Choudhary @ Chandan Kumar Choudhary
and Ras Narayan Choudhary & Satendra Choudhary @ Mantu
Choudhary have already been granted the benefit of
anticipatory bail by co-ordinate Benches of this Court in Cr.
Appeal (S.J.) Nos. 1134 of 2025 and 4694 of 2024 vide orders
dated 10.07.2025 and 12.11.2025 respectively and the case of
the appellants are similar to that of the aforesaid co-accused.
Hence, the impugned order may be set aside and the appellants
may be granted the privilege of anticipatory bail.
9. Learned Special Public Prosecutor as well as
learned counsel for the respondent No.2 have vehemently
opposed the prayer for grant of anticipatory bail to the
appellants and submitted that appellants are actively involved in
the present occurrence.
10. Considering the entire facts and circumstances
of the case and also the fact that the appellants bear clean
antecedent coupled with the fact that the co-accused, having
Patna High Court CR. APP (SJ) No.5102 of 2024(5) dt.12-02-2026
5/5
more or less similar allegation, has already been granted the
privilege of anticipatory bail by a co-ordinate Bench of this
Court, let the above named appellants in the event of their
arrest/surrender within a period of six weeks be released on bail
on furnishing bail bond of Rs. 10,000/- (Ten thousand) each
with two sureties of the like amount each to the satisfaction of
the learned Additional Sessions Judge-1st -cum-Special Judge
SC/ST Act, Bhojpur at Ara, in connection with Udwant Nagar
P.S. Case No. 287 of 2024 subject to the conditions laid down
under Section 482(2) of the B.N.S.S/Section 438(2) of the
Cr.P.C..
11. Accordingly, this appeal is allowed and the
impugned order dated 12.09.2024 rejecting the prayer for grant
of anticipatory bail to the appellants is, hereby, set aside.
(Praveen Kumar, J)
Pawan/-
U T
Checking your session…