Nikhil Kumar @ Jagmohan SinghversusThe State of Bihar

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.948 of 2026
                   Arising Out of PS. Case No.-111 Year-2025 Thana- MANSURCHAK District- Begusarai
                 ======================================================
                 Nikhil Kumar @ Jagmohan Singh S/o Late Dhirendra Singh @ Dhiro Singh
                 @ Dhirendra Prasad Singh R/o vill - Samsa, ward no. 06, P.S.- Mansoorchak,
                 Distt.- Begusarai

                                                                                 ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Rahul Kumar Paswan S/o Parsadi Paswan R/o vill - Purani Chak, ward no.
                 4, P.S.- Mansoorchak, Distt- Begusarai

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Mr. Krishna Prabhat, Advocate
                 For the Respondent/s   :        Mr. Sadanand Paswan, SPP
                 For the Respondent No.2:        Mr. Rajesh Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   09-07-2026                   Heard Mr. Krishna Prabhat, learned counsel for the

                   appellant, Mr. Rajesh Kumar, learned counsel appearing on

                   behalf of the Respondent No. 2 as well as Mr. Sadanand

                   Paswan, learned Spl.P.P. for the State.

                               2. This is an appeal under Sections 14(A)(2) against

                   refusal of the prayer for anticipatory bail by order dated

                   18.02.2026 passed by the learned Court of Exclusive Special

                   Judge, SC/ST (PoA) Act, Begusarai in connection with

                   Mansoorchak P.S. Case No. 111 of 2025, F.I.R. dated

                   29.10.2025 registered under Sections 126(2), 115(2), 109,

                   303(2), 352, 351(2) and 3(5) of the BNS, 2023 and Sections

                   3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes Act.
Patna High Court CR. APP (SJ) No.948 of 2026(3) dt.09-07-2026
                                             2/4




                       3. According to the prosecution case, all the accused

          persons including this appellant have assaulted the Respondent

          No. 2 by means of pistol, iron rod and brick and also snatched

          several articles from him.

                       4. Learned counsel for the appellant submits that

          appellant is innocent and he has falsely been implicated in the

          present case. It appears from the FIR itself that due to some

          petty dispute the present occurrence has taken place. Although

          the appellant is named in the FIR but from perusal of the FIR it

          appears that the only allegation against the appellant is that he

          has assaulted to the informant by means of brick due to which

          he received injury but the same is simple in nature.

                       5. Learned counsel appearing on behalf of the

          Respondent No. 2 as well as learned Special Public Prosecutor

          for the State have vehemently opposed the prayer for bail of the

          appellant and submits that the appellant has actively participated

          in the present crime in question and he has assaulted to the

          person belonging to SC/ST category. Apart from that, the

          appellant carries two criminal antecedents other than the present

          one but fairly submits that he is on bail in both the pending

          matters.

                       6. After hearing the parties, in my view for the
Patna High Court CR. APP (SJ) No.948 of 2026(3) dt.09-07-2026
                                             3/4




          purpose of this anticipatory bail, no offence under the provisions

          of Scheduled Castes and Scheduled Tribes Act is made out.

                       7. Hence, let the appellant, above named, in the event

          of their arrest to surrender before the Court below within a

          period of thirty days from the date of receipt of the order, be

          released on anticipatory bail on furnishing bail bond of Rs.

          10,000/- (Ten thousand) with two sureties of the like amount

          each to the satisfaction of learned Court of Exclusive Special

          Judge, SC/ST (PoA) Act, Begusarai in connection with

          Mansoorchak P.S. Case No. 111 of 2025,                subject to the

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

          Criminal Procedure and with other following conditions:-

                       i. Appellant shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on his absence on two consecutive dates without sufficient

          reason, his bail bond shall be cancelled by the Court below.

                       ii. If the appellant tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to

          move for cancellation of bail.

                       iii. And further condition that the court below shall

          verify the criminal antecedent of the appellant and in case at
            Patna High Court CR. APP (SJ) No.948 of 2026(3) dt.09-07-2026
                                                         4/4




                      any stage it is found that the appellant has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the appellant. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.

                                   8. Accordingly, the impugned order is set aside and

                      this appeal stands allowed.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T