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Patna High Court

AMIT KUMARversusTHE STATE OF BIHAR

Decided
Disposal
ALLOWED

Holding

The order rejecting anticipatory bail is set aside and the appeal is allowed, granting bail to the appellants subject to conditions.

Summary

Amit and Sumit Kumar appealed against the order of the Exclusive Special Judge that denied their anticipatory bail in a case involving offences under several IPC sections and the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act. The appellants argued that a jointness application proved valid service of notice to the respondent, and contended they were falsely implicated in a land‑dispute related incident. The Special Public Prosecutor could not refute these submissions. The Patna High Court set aside the lower court's order, allowed the appeal, and directed that the appellants be released on bail if arrested within eight weeks, subject to bail bonds and conditions under Section 482(2) of the CrPC. The decision underscores the court's discretion to grant bail when service of notice is valid and the allegations appear vague or false.

Issues considered

  • Whether the notice served via a jointness application is valid for the purpose of anticipatory bail.
  • Whether the appellants are entitled to anticipatory bail despite the serious charges under the IPC and SC/ST Act.
  • Whether the allegations against the appellants constitute false implication in a land‑dispute context.
  • Whether the trial court erred in exercising its discretion under Section 482 of the CrPC.

Legislation cited

Subjects

  • anticipatory bail
  • service of notice
  • jointness application
  • false implication
  • SC/ST Act
  • land dispute
  • criminal appeal
  • Section 482 CrPC
  • Indian Penal Code

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.962 of 2024
                     Arising Out of PS. Case No.-472 Year-2023 Thana- BARAUNI District- Begusarai
                 ======================================================
           1.     Amit Kumar, Son Of Sri Vidyanand Rai Resident Of Village - Pipra Devas,
                  P.S. - Barauni, District - Begusarai
           2.    Sumit Kumar, Son Of Sri Vidyanand Rai Resident Of Village - Pipra Devas,
                 P.S. - Barauni, District - Begusarai

                                                                                  ... ... Appellant/s
                                                       Versus
           1.    The State Of Bihar
           2.    Kari Sada Son Of Late Mishri Resident Of Village - Pipra Devas, P.S. -
                 Barauni, District - Begusarai

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr.Abhay Shanker Singh
                 For the Respondent/s    :        Mr.Binay Krishna
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

5   30-06-2026                 1. Heard the learned counsel for the appellants and

                   the learned Special Public Prosecutor for the State.

                               2. The learned counsel for the appellants submits that

                   a jointness application has been filed wherein it has been

                   specifically pleaded that wife resides with the respondent no.2,

                   who had received the notice on their behalf, as such, the notice

                   is deemed to be validly served.


                               3. The appellants have challenged the order dated

                   31.01.2024 passed by the learned Exclusive Special Judge,

                   SC/ST (POA) Act, Begusarai in connection with ABA No.160

                   of 2024 arising out of Barauni P. S. Case No.472 of 2023,
Patna High Court CR. APP (SJ) No.962 of 2024(5) dt.30-06-2026
                                             2/3




          instituted for the offences under Sections 147, 148, 149, 323,

          379, 427, 448, 504, 506 of the Indian Penal Code and Sections

          3(1)(r)(s)(g), 3(2)(va) of the Scheduled Castes & Scheduled

          Tribes (Prevention of Atrocities) Act, 1989, whereby their

          prayer for grant of anticipatory bail has been rejected.


                       4. The learned counsel appearing on behalf of the

          appellants submits that appellants have antecedent of one case,

          but then the said case was instituted subsequent to filing of the

          instant appeal for the same land dispute. It is next submitted that

          that informant alleges that on 15.07.2023 at about 8.00-9.00

          P.M. Kaushal along with other co-accused persons came

          variously armed and Kanhaiya started abusing by taking caste

          name and assaulted Munni Devi causing injury on head. Further,

          on orders of Kaushal, all the accused looted the household

          articles as detailed in the FIR and Mohan, Durgesh, Rakesh and

          Aditya along with their tractor destroyed the crops and bricks.

                       5. The learned counsel for the appellants submits that

          appellants have been falsely implicated in the instant case by the

          informant. It is next submitted that on account of dispute

          relating to land, the occurrence is alleged to have taken place. It

          is further submitted that from perusal of the allegations as

          alleged in the FIR, it would manifest that the informant alleges
             Patna High Court CR. APP (SJ) No.962 of 2024(5) dt.30-06-2026
                                                          3/3




                       that accused persons came to his house where the occurrence is

                       alleged to have taken place. It is also submitted that allegation

                       of abuse and assault is general and omnibus in nature. It is next

                       submitted that this perhaps explains why the informant despite

                       receiving notice chooses not to appear and contest.

                                    6. The learned Special P.P. is not in a position to rebut

                       the said submission of the learned counsel appearing on behalf

                       of the appellants.

                                    7. Regard being had to the aforesaid submissions, the

                       order dated 31.01.2024 is set-aside.

                                    8. The appeal stands allowed.

                                    9. The appellants, above-named, in the event of their

                       arrest or surrender before the learned Court below within a

                       period of eight weeks, are directed to be released on bail on

                       their furnishing bail-bonds in the sum of Rs.5,000/- (Rupees

                       Five Thousand) each with two sureties of the like amount each

                       to the satisfaction of learned Exclusive Special Judge, SC/ST

                       (POA) Act, Begusarai in connection with ABA No.160 of 2024

                       arising out of Barauni P. S. Case No.472 of 2023, subject to the

                       conditions laid down under Section 482(2) of the BNSS.


                                                  (Satyavrat Verma, J)
vikash/-
U        T


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