Patna High Court
Sanjay PandeyversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
Holding
The appellate court set aside the order rejecting anticipatory bail and allowed the appeal, directing bail to the appellants.
Summary
The appellants, three brothers named Sanjay, Sarvesh and Rakesh Pandey, were charged under several sections of the Bihar Nagarik Suraksha Act and the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act for allegedly abusing and assaulting an informant on a field. The informant claimed the Pandey brothers used caste slurs, assaulted him, and held him captive, leading to his hospitalization. The Additional Sessions Judge had rejected their application for anticipatory bail. On appeal, the Pandey brothers argued they were falsely implicated, that the informant had a litigious relationship with them, and that the allegations were vague. The Patna High Court set aside the lower court’s order, allowed the appeal, and directed that the appellants be released on bail upon furnishing bail bonds, subject to conditions under Section 482(2) of the BNSS.
Issues considered
- Whether the appellants are entitled to anticipatory bail despite the allegations under the BNSS and the SC/ST Act.
- Whether the allegations against the appellants constitute sufficient ground to deny bail.
- Whether the lower court erred in rejecting the anticipatory bail application.
Legislation cited
- Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(1)(r), 3(1)(s)
Subjects
- anticipatory bail
- SC/ST Act
- false implication
- bail
- criminal procedure
- Section 482
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.5331 of 2024
Arising Out of PS. Case No.-239 Year-2024 Thana- SHEOHAR District- Sheohar
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1. Sanjay Pandey S/O Late Surendra Pandey Resident of Village-Daud Chapra,
P.S. Sheohar, District-Sheohar .
2. Sarvesh Pandey S/O Late Surendra Pandey Resident of Village-Daud
Chapra, P.S. Sheohar, District-Sheohar .
3. Rakesh Pandey S/O Late Surendra Pandey Resident of Village-Daud
Chapra, P.S. Sheohar, District-Sheohar .
... ... Appellant/s
Versus
1. The State of Bihar
2. Suraj Kumar Son of Dayashankar Baitha Resident of village- Daud Chapra,
P.S. Sheohar, District- Sheohar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Devendra Kumar
For the Respondent/s : Mr.Sadanand Paswan
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
6 02-04-2026 1. Heard the learned counsel for the appellants and
the learned Special Public Prosecutor for the State.
2. The appellants have challenged the order dated
08.10.2024 passed by the learned Additional Sessions Judge-
cum-Special Judge, Sheohar in connection with ABP No.312 of
2024 arising out of Sheohar P. S. Case No. 239 of 2024,
instituted for the offences under Sections 126(2), 127(2), 115(2),
352, 3(5),of the B.N.S. and Sections 3(1)(r),3(1)(s) of the
Scheduled Castes & Scheduled Tribes (Prevention of Atrocities)
Act, 1989, whereby their prayer for grant of anticipatory bail
Patna High Court CR. APP (SJ) No.5331 of 2024(6) dt.02-04-2026
2/3
has been rejected.
3. The learned counsel appearing on behalf of the
appellants submits that informant despite receiving notice
chooses not to appear. It is next submitted that appellant no.1
has antecedent of one case, appellant no.2 is a person with clean
antecedent and appellant no.3 has antecedent of four cases and
the informant alleges that he had gone to attend a field on
23.08.2024 and sat on the chair, on which appellants abused him
by taking caste name and assaulted by fists and made him
captive. Accordingly, he dialed 112, when police came and took
him to the hospital.
4. The learned counsel for the appellants submits that
appellants have been falsely implicated in the instant case by the
informant. It is further submitted that appellants and the
informant are on litigating terms and the same has been pleaded
specifically at Para-9 of the appeal as informant had earlier
instituted SC/ST P. S. Case No.07 of 2024 against the
appellants. It is also submitted that allegation of abuse and
assault is general and omnibus in nature. It is next submitted
that as far as allegation of making captive is alleged, the same
stands falsified by the fact that informant himself alleges he had
called the police.
Patna High Court CR. APP (SJ) No.5331 of 2024(6) dt.02-04-2026
3/3
5. Regard being had to the aforesaid submissions, the
order dated 08.10.2024 is set-aside.
6. The appeal stands allowed.
7. The appellants, above-named, in the event of their
arrest or surrender before the learned Court below within a
period of eight weeks, are directed to be released on bail on
their furnishing bail-bonds in the sum of Rs.5,000/- (Rupees
Five Thousand) each with two sureties of the like amount each
to the satisfaction of learned Additional Sessions Judge-cum-
Special Judge, Sheohar in connection with ABP No.312 of 2024
arising out of Sheohar P. S. Case No. 239 of 2024, subject to the
conditions laid down under Section 482(2) of the BNSS.
(Satyavrat Verma, J)
vikash/-
U T
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