Patna High Court
CR. APP (SJ)/4207/2025 of Sanju Sharma @ Sanjeev Sharma Vs The State of Bihar on 17 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.4207 of 2025 Arising Out of PS. Case No.-126 Year-2025 Thana- ROSERA District- Samastipur ====================================================== 1. Sanju Sharma @ Sanjeev Sharma Son of Late Hari Krishna Sharma @ Late Hare Krishn Sharma R/o
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4207 of 2025
Arising Out of PS. Case No.-126 Year-2025 Thana- ROSERA District- Samastipur
======================================================
1.
Sanju Sharma @ Sanjeev Sharma Son of Late Hari Krishna Sharma @ Late Hare Krishn Sharma R/o Mohalla Bari Durga Asthan, Ward No.- 11, P.S.- Rosera, District - Samastipur (Bihar)
2.
Ranjeet Kumar Sharma @ Ranjeet Sharma Son of Hari Krishna Sharma @
Late Hare Krishn Sharma R/o Mohalla Bari Durga Asthan, Ward No.- 11, P.S.- Rosera, District - Samastipur (Bihar)
3.
Saket Kumar Sharma @ Saket Sharma @ Sanket Sharma Son of Late Ajeet Sharma @ Late Ajit Sharma R/o Mohalla Bari Durga Asthan, Ward No.- 11, P.S.- Rosera, District - Samastipur (Bihar)
4.
Shivshakti Kumar @ Shaktiman Sharma @ Golu Son of Late Indrajeet Sharma R/o Mohalla Bari Durga Asthan, Ward No.- 11, P.S.- Rosera, District
- Samastipur (Bihar)
5.
Sidharth Sharma @ Siddhart Kumar Son of Late Indrajeet Sharma R/o Mohalla Bari Durga Asthan, Ward No.- 11, P.S.- Rosera, District - Samastipur (Bihar)
6.
Aman Kumar @ Aman Kumar Sharma @ Nepali @ Nepala Son of Late Ajeet Sharma @ Late Ajit Sharma R/o Mohalla Bari Durga Asthan, Ward No.- 11, P.S.- Rosera, District - Samastipur (Bihar)
... ... Appellant/s
Versus
1.
The State of Bihar
2.
Ravindra Kumar Bharti Son of Somnath Ram Present Address - Sub Inspector cum SHO SC/ST P.S. Samastipur, Bihar
... ... Respondent/s
Appearance :
For the Appellant/s
:
Mr. Madhav Kumar, Adv.
For the Respondent/s
:
Mr. Binay Krishna, Spl. PP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORAL ORDER
17-08-2026
1. Heard learned counsel for the appellants and learned Special P.P., Mr. Binay Krishna for the State.
2. The SHO and the Investigating Officer of the case in compliance of the order dated 06.08.2026 are present in the Court.
3. The SHO and the Investigating Officer of the case at the outset tender their apology and submits that they were not aware of the order dated 20.03.2025 passed by the learned Special Judge, SC/ST (POA) Act, Samastipur.
4. 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 26.05.2025 in A.B.P. No. 1172 of 2025 passed by the learned Court of Special Judge, S.C./S.T. (POA) Act, Samastipur in connection with Rosera P.S. Case No. 126 of 2025 registered for the offences punishable under Sections 191(2), 126(2), 115(2), 121(1), 121(2), 132, 262, 263, 74, 352 and 190 of the BNS as well as Sections 3(1)(r), 3(1)(s), 3(1)(w) and 3(2)(va) of the SC/ST (POA) Act.
5. Learned counsel for the appellants submits that Investigating Officer of the SC/ST PS Case No. 136 of 2024 had filed an application in the Court of learned Special Judge, SC/ST (POA) Act, Samastipur for seeking non-bailable warrant of arrest against Sanju Sharma @ Sanjiv Sharma, but the learned District Court directed the Investigating Officer of the case to give notice under Section 41 Cr.P.C. to the appellant no.
1 herein. It is thus submitted that despite specific orders of the learned Special Judge, SC/ST (POA) Act, Samastipur to give notice under Section 41 Cr.P.C. to the appellant no. 1, the SHO and the Investigating Officer of the SC/ST PS Case No. 136 of 2024 went to arrest the appellant no. 1 in complete breach of the order 20.03.2025 and thereafter instituted the instant FIR also, against appellant no. 1 and his family members.
6. Learned Special P.P., Mr. Binay Krishna for the State based on instructions submits that the SHO and the Investigating Officer inadvertently went to the house of appellant no. 1 for arresting him as they were not aware of the order dated 20.03.2025. It is also submitted that since an application seeking non-bailable warrant of arrest was sought for, as such, it was presumed that non-bailable warrant of arrest has been issued by the learned District Court. It is also submitted that in future, the SHO and the Investigating Officer of the case shall remain vigilant and shall never commit any act in breach of the orders of the Court. It is further submitted that the police shall investigate the case in accordance with law
7. After hearing learning counsel for the parties and taking into consideration the submissions made by the learned counsel appearing on behalf of the appellants, the order dated
26.05.2025 is hereby set aside and 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 Rosera P.S. Case No. 126 of 2025 subject to the conditions as laid down under Section 482 (2) of the BNSS.
8. Accordingly, the appeal stands allowed.
9. The personal appearance of the SHO and the Investigating Officer is dispensed with.
rajesh/- (Satyavrat Verma, J) U T