Patna High Court
CR. APP (SJ)/4356/2025 of Badal Kumar Vs The State Of Bihar on 18 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.4356 of 2025 Arising Out of PS. Case No.-95 Year-2025 Thana- NAYAGAON District- Saran ====================================================== 1. Badal Kumar S/O Manoj Rai Resident of Village- Shobhepur, P.S.- Nayagaon, District- Saran 2. Nitish
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4356 of 2025
Arising Out of PS. Case No.-95 Year-2025 Thana- NAYAGAON District- Saran
======================================================
1.
Badal Kumar S/O Manoj Rai Resident of Village- Shobhepur, P.S.- Nayagaon, District- Saran
2.
Nitish Kumar S/O Satyadev Rai @ Sahdeo Rai Resident of Village- Paramanandpur, P.S.-Sonepur, District- Saran
... ... Appellant/s
Versus
1.
The State Of Bihar
2.
Amrita Kumari D/O late Budhram Paswan Resident of Village- Shobhepur, P.S.-Nayagaon, District- Saran
... ... Respondent/s
Appearance :
For the Appellant/s
:
Mr. Brij Kishor Mishra
For the Respondent/s
:
Ms. Usha Kumari 1
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
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ORAL ORDER
18-08-2026
1. Heard learned counsel for the appellants and learned Special P.P. for the State.
2. This is an appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST Act”) against the refusal of prayer for anticipatory bail vide order dated 02.09.2025 in A.B.P. No. 2573/2025 passed by the learned Exclusive Special Judge S.C./S.T. (POA) Act, Saran in connection with Nayagaon P.S. Case No. 95/2025 registered for the offences punishable under Sections 126(2), 115(2), 74, 109, 118(1), 352, 351(2) and 3(5) of the BNS as well as Sections 3
Patna High Court CR. APP (SJ) No.4356 of 2025(5) dt.18-08-2026
(1) (r)(s) of the SC/ST Act.
3. Learned counsel for the appellants submits that from perusal of the office report, it would manifest that notice has been validly served upon the informant but then the informant chooses not to appear and contest. It is next submitted that appellants are persons with clean antecedent and the informant alleges that on 06.06.2025 at 8 P.M. the accused persons including the appellants came and started pulling her, on which, she raised an alarm when the accused slapped her and when her family members came to save her, the accused persons assaulted them causing injury to Shiv Janki Devi, Rohit and Dilip Manjhi and while leaving the accused persons even abused by taking caste name.
4. Learned counsel for the appellants submits that appellants have been falsely implicated in the instant case by the informant. It is next submitted that allegation of assault and abuse is general and omnibus in nature. It is further submitted that it does not appear probable that all the accused persons in one go would have abused by taking caste name. It is next submitted that the order impugned also does not record about any injury and in mechanical manner rejected the anticipatory bail application without considering the case of the appellants Patna High Court CR. APP (SJ) No.4356 of 2025(5) dt.18-08-2026
on merit. It is further submitted that a function was going on in the house of the informant and the D.J was playing aloud and when the same was objected, an altercation had taken place in which both side assaulted each other. It is further submitted that even the occurrence did not take place in public view and this perhaps explains why informant despite receiving notice chooses not to appear and contest.
5. Learned Special P.P. for the State opposes the appeal.
6. In view of the submissions made by the learned counsel for the appellants, let the appellants above-named, in the event of their arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending/successor court in connection with Nayagaon P.S. Case No.95/2025, subject to the conditions as laid down under Section 482 (2) of the BNSS.
7. Accordingly, the appeal stands allowed.
amit/- (Satyavrat Verma, J) U T