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Patna High Court

Sanjay PandeyversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                 ======================================================
           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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