Created by Fuzzy Cloud

Patna High Court

Manoj KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The appeal is dismissed and regular bail is denied.

Summary

Manoj Kumar appealed against the order of the Exclusive Special Judge that denied him regular bail in a case involving arson, looting and assault on a Scheduled Caste informant. The appellant alleged that he was falsely implicated, that the allegations were vague and that no specific overt act could be linked to him, and that the essential ingredients of the SC/ST (Prevention of Atrocities) Act were not satisfied. The State and the second respondent contended that the appellant had previously assaulted the informant, threatened his family, and was habitually involved in organized criminal activities, citing several pending cases against him. The High Court examined the seriousness of the allegations, the appellant’s criminal antecedents and the risk of witness tampering. Finding the accusations serious and the pattern of habitual criminal conduct credible, the Court declined to grant regular bail. Consequently, the appeal was dismissed and the bail denial upheld.

Issues considered

  • Whether the appellant is entitled to regular bail despite allegations under the Bharatiya Nyaya Sanhita and the SC/ST (Prevention of Atrocities) Act.
  • Whether the facts alleged constitute an offence under Section 3(1)(r)(s) of the SC/ST (Prevention of Atrocities) Act.
  • Whether the appellant’s prior criminal record and alleged propensity to influence witnesses justify denial of bail.

Legislation cited

Subjects

  • regular bail
  • SC/ST Act
  • habitual offender
  • arson
  • intimidation
  • witness tampering
  • high court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                      CRIMINAL APPEAL (SJ) No.59 of 2026
                      Arising Out of PS. Case No.-340 Year-2025 Thana- DIDARGANJ District- Patna
                 ======================================================
                 Manoj Kumar S/O Late Suresh Singh R/O Village - Nijampur, P.S- Didarganj,
                 Distt.- Patna
                                                                          ... ... Appellant
                                                 Versus
           1.     The State of Bihar
           2.     Indrajeet Kumar S/O Shri Parmanand Bhagat R/O Vill.- Rampur
                  Shyamchand, P.S- Raghopur,Dist- Vaishali.At present R/O Village -
                  Nijampur, P.S- Didarganj, Distt.- Patna
                                                                     ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Appellant        :        Mr. Jay Ram Prasad, Advocate
                 For the State            :        Mr. Sadanand Paswan, Spl. P.P.
                 For the Resp. No.2       :        Mr. Gautam Kejriwal, Advocate
                                                   Mr. Vinayak Harshvardhan, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   07-07-2026                     Heard the learned counsel for the appellant, the

                   learned Spl. PP for the State and the learned counsel for the

                   respondent no.2.

                                   2.         The present appeal has been preferred for

                   setting aside the order dated 03.12.2025 passed by the learned

                   Exclusive Special Judge, SC/ST Act, Patna in Special Case No.

                   479 of 2025, arising out of Didarganj P.S. Case No. 340 of 2025,

                   registered for the offences punishable under Sections 191(2),

                   115(2), 126(2), 326(g) of the Bharatiya Nyaya Sanhita, 2023

                   and Section 3(1)(r)(s) of the Scheduled Caste and Scheduled

                   Tribes (Prevention of Atrocities) Act, whereby the prayer for

                   regular bail of the appellant was rejected.

                                   3.         The appellant and others are said to have set

                   the house of the informant, who is a member of S.C./S.T.
Patna High Court CR. APP (SJ) No.59 of 2026(2) dt.07-07-2026
                                             2/4




          community, on fire and looted the household articles. It is

          further alleged that earlier also altercation took place between

          the parties, in respect of which, the informant had also lodged

          an F.I.R. being Didarganj P.S. Case No.209 of 2025.

                           4.      Learned counsel for the appellant submits

          that the appellant has been falsely implicated in this case. It is

          further submitted that the allegations against the appellant are

          general and omnibus in nature and no specific overt act has been

          attributed to him. It is also submitted that during investigation,

          no independent witness has supported the allegation against the

          appellant. It is further submitted that the appellant has been

          implicated merely on suspicion and that the essential ingredients

          of the offences under the SC/ST (Prevention of Atrocities) Act

          are not attracted against him.

                           5.      The learned Special PP for the State and the

          learned counsel for the respondent no.2 have vehemently

          opposed the prayer for bail. It is further submitted that the

          accused persons, including the appellant, had earlier also

          assaulted the informant, for which Didarganj P.S. Case No.209

          of 2025 was registered. The accused persons have been

          continuously threatening the informant and his family members

          with dire consequences, including murder.
Patna High Court CR. APP (SJ) No.59 of 2026(2) dt.07-07-2026
                                             3/4




                           6.      It is further alleged that the appellant and his

          associates are alleged to be habitually involved in such criminal

          activities affecting public order and peaceful possession of

          property.

                           7.      It is also submitted that apart from the

          present case, multiple criminal cases are pending against the

          appellant and his associates, namely: (a) Didarganj P.S. Case

          No. 355 of 2025; (b) Didarganj P.S. Case No. 209 of 2025; (c)

          Didarganj P.S. Case No. 358 of 2025; (d) Didarganj P.S. Case

          No. 81 of 2026, (e) Didarganj P.S. Case No. 340 of 2025 and

          recently, the appellant and his associates have again assaulted

          the informant and other persons and in respect of the said

          incident, the informant has also filed an F.I.R. vide Didarganj

          P.S. Case No.129 of 2026 on 23.05.2026.

                           8.      It is further submitted that the accused

          persons, including the appellant, are involved in a pattern of

          organized criminal activities including extortion, intimidation,

          and repeated violent acts, thereby posing a serious threat to law

          and order in the locality.

                           9.      I have considered the submissions of the

          parties.

                           10.     Having considered the rival submissions and
            Patna High Court CR. APP (SJ) No.59 of 2026(2) dt.07-07-2026
                                                         4/4




                      upon careful perusal of the material available on record, this

                      Court finds that the allegations against the appellant are serious

                      in nature. The appellant is also shown to be involved in several

                      other criminal cases of similar nature, reflecting a pattern of

                      habitual criminal activity. The possibility of the appellant

                      influencing witnesses and repeating similar offences cannot be

                      ruled out at this stage.

                                       11.     In view of the gravity of the allegations, the

                      criminal antecedents of the appellant, and the overall facts and

                      circumstances of the case, this Court is not inclined to grant the

                      privilege of regular bail to the appellant.

                                       12.     Accordingly, the present appeal stands

                      dismissed.

                                       13.     It is made clear that any observation made

                      herein is prima facie in nature and limited solely for the purpose

                      of    adjudication of          the present bail      application. Such

                      observations shall not be construed as an expression on the

                      merits of the case and shall not influence the trial or any other

                      proceedings in any manner.


                                                               (Sandeep Kumar, J)

pawan/-
U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.