Created by Fuzzy Cloud

Patna High Court

MANOJ KUMARversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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
                                                           2/2




                        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


Continue reading with your account

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

Sign in to read

Checking your session…

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