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Patna High Court

Pankaj Kumar @ Pankaj Sigh @ Nagmani Pankaj Singh PrinceversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The High Court set aside the order refusing anticipatory bail and allowed the appeal, granting bail subject to conditions.

Summary

The appellant, Pankaj Kumar, was implicated in a murder case registered under Sections 103(1) and 3(5) of the Bihar Negotiable Sale (BNSS) Act and Sections 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. He applied for anticipatory bail, which was denied by the Special Judge on 28‑10‑2024. The appellant appealed under Section 14‑A(2) of the SC/ST Act, arguing that the FIR contains only suspicion and no material linking him to the offence, and that the alleged murder does not fall within the ambit of the SC/ST Act. The Special Public Prosecutor could not rebut the claim that no substantive evidence connected the appellant to the crime. The Patna High Court, after considering the submissions, held that the refusal of bail was unwarranted and set aside the order, granting anticipatory bail subject to standard conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS Act.

Issues considered

  • What is the appropriate standard for granting anticipatory bail when the FIR contains only suspicion and no material evidence?
  • Does the FIR disclose an offence under the SC/ST Act, thereby invoking Section 14‑A(2) for bail considerations?
  • Whether the refusal of anticipatory bail by the Special Judge was legally justified.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • suspicion
  • FIR
  • Section 14-A
  • Criminal Procedure Code
  • caste based offence
  • bail conditions

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.5423 of 2024
                    Arising Out of PS. Case No.-107 Year-2024 Thana- BANGARA District- Samastipur
                 ======================================================
                 Pankaj Kumar @ Pankaj Sigh @ Nagmani Pankaj Singh Prince S/o Vijay
                 Kumar Singh @ Vijay Singh Resident of Village - Rajwa, P.S. - Bagra,
                 District - Samastipur (Bihar)
                                                                     ... ... Appellant/s
                                               Versus
           1.     The State of Bihar
           2.     Sita Devi Wife of Late Nathuni Ram Resident of Village - Rajwa,
                  Chaksultan, P.S. - N.H. Bangra, District - Samastipur (Bihar)
                                                                            ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Mr. Madhav Kumar, Advocate
                 For the Respondent/s   :        Mr. Sadanand Paswan, Spl.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

6   13-01-2026                 1. Heard learned counsel for the appellant and learned

                   Special Public Prosecutor for the State.

                               2. This is an appeal under Section 14-A(2) of the

                   Scheduled Castes and Scheduled Tribes (Prevention of

                   Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST

                   Act”) against the refusal of prayer for anticipatory bail vide

                   order dated 28.10.2024 in A.B.P. No. 2634 of 2024 passed by

                   the learned Special Judge SC/ST (POA) Act, Samastipur in

                   connection with N.H. Bangra P.S. Case No. 107 of 2024

                   registered under Sections 103(1) and 3(5) of the BNS as well as

                   Sections 3(2)(v) of the SC/ST Act.

                               3. Learned counsel appearing on behalf of the

                   appellant at the outset draws the attention of the Court to the
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          office report dated 01.12.2025 wherein it has been recorded that

          notice has been validly served on respondent no. 2 but then

          respondent no. 2 despite receiving the notice chooses not to

          appear and contest the case.

                       4. Learned counsel for the appellant submits that

          appellant has antecedent of four cases and the informant alleges

          that on 16.08.2024, at about 01:00 p.m., the husband of the

          informant, namely, Nathuni Ram went to the house of Sunil

          Ram for watching Kali Puja and on 17.08.2024 her husband left

          the house of Sunil Ram but did not reach home. Further, on

          18.08.2024, at about 06:30 a.m., the informant got an

          information that dead body of her husband was lying in the field

          of Gurudayal Sah. It is next alleged that about twenty years back

          some dispute had arisen in between the deceased and the

          appellant and the deceased had to go to jail based on a case filed

          by the appellant. It is also alleged that the deceased had given

          Rs.1,90,000/- to one Sonu Singh for purchasing a land but it was

          found later that the land was already sold, hence, a dispute arose

          in between the deceased and Sonu Singh and Sonu Singh only

          returned Rs.90,000/- to the deceased, thus, suspects that Sonu

          Singh might also be involved in the occurrence.

                       5. Learned counsel appearing on behalf of the
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          appellant submits that appellant on being implicated in the

          instant case had moved before the learned District Court seeking

          anticipatory bail but the same came to be rejected by an order

          dated 28.10.2024 thereafter the appellant moved before this

          Court in December, 2024 but the case remained pending for

          adjudication and process under Sections 84 and 85 of the BNSS

          was issued but then the case was taken up before a learned

          Coordinate Bench of this Court on 28.03.2025 when notices

          were issued on the respondent no. 2 and no coercive action was

          granted in favour of the appellant.

                       6. Learned counsel for the appellant submits that from

          perusal of the allegation as alleged in the FIR, it would manifest

          that the entire allegation hinges around suspicion. It is further

          submitted that informant alleges that a dispute had arisen in

          between the appellant and the deceased about twenty years back

          and based on the said dispute, the informant is suspecting the

          involvement of the appellant in the occurrence. It is next

          submitted that allegations are in two parts and in the first part

          the informant alleges suspicion against the appellant while in

          the second part alleges suspicion against Sonu Singh. It is also

          submitted that Sonu Singh had moved before this Court seeking

          anticipatory bail by filing Cr. Appeal (SJ) No. 5741 of 2024 and
Patna High Court CR. APP (SJ) No.5423 of 2024(6) dt.13-01-2026
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          the same came to be allowed by an order dated 12.11.2025

          passed by a learned Coordinate Bench of this Court. It is further

          submitted that during the course of investigation, no material

          transpired connecting the appellant with the offecne except for

          suspicion raised in the FIR.

                       7. Learned Special Public Prosecutor opposed the

          prayer for anticipatory bail of the appellant but then not in a

          position to rebut the submission of the learned counsel

          appearing on behalf of the appellant after perusing the case

          diary that no material during the course of investigation

          transpired connecting the appellant with the offence apart from

          suspicion.

                       8. Learned counsel for the appellant, at this stage,

          submits that what is not in dispute rather stands admitted is that

          husband of the informant died but who killed him is an aspect of

          investigation but then police in a mechanical manner is

          proceeding. It is further submitted that in the nature of

          allegation as alleged prima facie no offence under the SC/ST

          Act is made out as it is not alleged in the FIR that the

          occurrence of murder of the husband of the informant was

          committed on the ground that he belongs to the SC/ST.

                       9. After hearing the learned counsel for the parties, let
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                     the appellant, above named, in the event of his arrest or

                     surrender before the learned Trial Court within a period of six

                     weeks from the date of receipt of the order, be released on

                     anticipatory bail on furnishing bail bond of Rs.5,000/- (rupees

                     five thousand) with two sureties of the like amount each to the

                     satisfaction of the learned Trial Court where the case is pending

                     in connection with the aforesaid case, subject to the conditions

                     as laid down under Section 438(2) of the Code of Criminal

                     Procedure/482(2) of the BNSS.

                                  10. Accordingly, the impugned order is set aside and

                     this appeal stands allowed.


                                                                            (Satyavrat Verma, J)

Kundan/-

U     T


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