Patna High Court
Pankaj Kumar @ Pankaj Sigh @ Nagmani Pankaj Singh PrinceversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure — s. 438(2)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14-A(2), 3(2)(v)
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
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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
Patna High Court CR. APP (SJ) No.5423 of 2024(6) dt.13-01-2026
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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
Patna High Court CR. APP (SJ) No.5423 of 2024(6) dt.13-01-2026
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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
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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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