Patna High Court
MANOJ KUMARversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRABHAT KUMAR SINGH
Holding
The appeal for anticipatory bail was rejected, and the order of the Exclusive Special Judge was upheld.
Summary
Manoj Kumar was charged under IPC sections 447, 385, 427, 504/34 and the SC/ST (Prevention of Atrocities) Act for damaging a boundary wall, abusing the informant with caste slurs and assaulting her. He applied for anticipatory bail, which was rejected by the Exclusive Special Judge, SC/ST (POA) Act, Gaya. After a regular bail application was dismissed, the appellant fled the court, leading to a non‑bailable warrant. The High Court examined whether the seriousness of the offences and the appellant's conduct warranted denial of anticipatory bail. Finding no merit to interfere, the Court upheld the lower court’s order and dismissed the appeal.
Issues considered
- Whether anticipatory bail should be granted to the appellant given the nature of the offences under the IPC and SC/ST Act.
- Whether the appellant's flight from the court and the issuance of a non‑bailable warrant justify denial of anticipatory bail.
Legislation cited
- Indian Penal Code — s. 34, 385, 427, 447, 504
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1‑v), 3(1‑x)
Subjects
- anticipatory bail
- SC/ST Act
- criminal trespass
- mischief
- assault
- bail dismissal
- flight from court
- non‑bailable warrant
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.686 of 2021
Arising Out of PS. Case No.-76 Year-2016 Thana- BODHGAYA District- Gaya
======================================================
Manoj Kumar S/o Kameshwar Singh Resident of Mohalla- Badki Delha, P.S.-
Delha, District- Gaya, fAt present resides at Village- Harbansha, P.S.- Pauthu,
District- Aurangabad.
... ... Appellant/s
Versus
1. The State of Bihar
2. Meena Prasad W/o Late Mithlesh Prasad R/o Village, Post- Daudnagar, P.S.-
Daudnagar, District- Aurangabad. Presently resides at Vastu Bihar, Phase -2,
Bodhgaya, P.S.- Bodhgaya, District- Gaya.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Arvind Kumar Singh, Advocate
For the Respondent/s : Mr. A.G.
For the Informant : Mr. Sanjay Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 09-04-2026 Heard learned counsel appearing on behalf of
appellant, respondent no. 2 and Spl. Public Prosecutor.
2. This criminal appeal has been filed against the
order dated 27.11.2020 passed by learned Exclusive Special
Judge SC/ST (POA) Act, Gaya in ABP No. 201 of 2020 arising
out of Bodhgaya P.S. Case No. 76 of 2016, registered under
Sections 447, 385, 427, 504/34 of the Indian Penal Code and
Sections 3(1-v)(1-x) of the Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act, whereby the prayer for
anticipatory bail of appellant has been rejected.
3. As per prosecution case, all the F.I.R. named
Patna High Court CR. APP (SJ) No.686 of 2021(4) dt.09-04-2026
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accused persons, including this appellant, damaged the
boundary wall of informant and upon objection, they abused
informant by caste name and assaulted her.
4. Learned counsel for the respondent no. 2 submits
that on 18.09.2020 regular bail application of the appellant was
dismissed by learned Exclusive Special Court SC/ST, Gaya and
after hearing the dismissal order, this appellant fled away from
the court. Non-bailable warrant has already been issued against
the appellant.
5. Considering the nature of accusation and conduct
of the appellant, I do not find any ground to interfere with the
order of the learned court below and as such, the appeal, which
has been filed for grant of anticipatory bail, is hereby rejected.
(Prabhat Kumar Singh, J)
Navya/-
U T
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