Abhishek Kumar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Abhishek Kumar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Impugned order set aside; appellants enlarged on (anticipatory) bail upon arrest/surrender within eight weeks, on bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Judge, SC/ST Act, Civil Court (Sadar), Patna, in connection with Maner Police Station Case No. 21 of 2026.

Issue for consideration

Whether the appellants are entitled to anticipatory bail in Maner Police Station Case No. 21 of 2026, i.e., whether the order dated 12.03.2026 rejecting their prayer for anticipatory bail should be set aside.

Court's answer

The appeal is allowed and the impugned order dated 12.03.2026 (rejection of the anticipatory bail prayer) is set aside.

Ratio / Principle

In the event of arrest/surrender within eight weeks of receipt/production of a copy of the order, the appellants are to be enlarged on (anticipatory) bail on furnishing a bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Judge, SC/ST Act, Civil Court (Sadar), Patna, in connection with Maner Police Station Case No. 21 of 2026.

Detailed headnote1 paragraphs

Patna High Court, Criminal Appeal (SJ) No.1215 of 2026 (Prabhat Kumar Singh, J.; oral order dated 14-05-2026): Appeal against rejection (order dated 12.03.2026) of the prayer for anticipatory bail in Maner Police Station Case No. 21 of 2026, registered under sections 329(3), 329 (4), 115 (2), 76, 109, 352, 351 (2) and 3(5) of BNS, sections 3(i)(d), 3(1)(s), 3(1)(w), 3 (2) (v) of Scheduled Castes and Scheduled Tribes Act and section 27 of Arms Act. FIR alleges that on 07.01.2026 accused persons abused the informant by caste name, tore her clothes, misbehaved with family members, started firing and threatened with dire consequences. Appellants (Abhishek Kumar; Rohit Kumar @ Rohit Raj) submitted the clash arose over playing D.J., the assault allegations were general and omnibus, injuries were simple, and no member of the public was present, so no SC/ST Act case arose. Considering the facts, the Court allowed the appeal, set aside the impugned order, and directed that on arrest/surrender within eight weeks the appellants be enlarged on bail on a bond of Rs. 10,000/- each with two like sureties before the learned Exclusive Special Judge, SC/ST Act, Civil Court (Sadar), Patna.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1215 of 2026

Arising Out of PS. Case No.-21 Year-2026 Thana- MANER District- Patna

======================================================

Abhishek Kumar S/o Shivshankar Singh Resident of - Ramnagar Tajpur, P.S - Maner, District - Patna

Rohit Kumar @ Rohit Raj S/o Doshi Kumar @ Doshi Singh R/o Village - Tajpur Rasulpur, P.S - Maner, District - Patna

... ... Appellant/s

Versus

The State of Bihar

Parvati Devi W/o Jasar Nat R/o - Sakin Padeypur Tilhari, P.S - Maner,

District - Patna

... ... Respondent/s

====================================================== Appearance : For the Appellant/s : Mr. Siddharth Harsh, Advocate For the Respondent/s : Mr. Binay Krishna, Spl. PP For informant : Mr. Vikalp, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

3 14-05-2026

Heard learned counsel for the parties.

This appeal has been filed for setting aside order dated 12.03.2026 passed in a case registered for the offence punishable under sections 329(3), 329 (4), 115 (2), 76, 109, 352, 351 (2) and 3(5) of BNS and sections 3(i)(d), 3(1)(s), 3(1)(w), 3 (2) (v) of Scheduled Castes and Scheduled Tribes Act and 27 of Arms Act, whereby the prayer for anticipatory bail of the appellant has been rejected.

Patna High Court CR. APP (SJ) No.1215 of 2026(3) dt.14-05-2026 2/3

As per F.I.R. informant alleged that on 07.01.2026 , accused persons came and abused informant by caste name, tore her clothes and also misbehaved with family members of informant. It is further alleged that accused persons started firing and also threatened with dire consequences.

It is submitted on behalf of appellants that clash took place between both the parties over dispute with regard to playing D.J. Allegation of assault is general and omnibus against these appellants. Rest of the allegations are ornamental in nature to make the case grave. Injuries sustained by the injured are simple in nature . It is not the case of the prosecution that any member of public was present at the time of incident, as such, no case under SC/ST Act is made out.

Learned special Public Prosecutor as well as learned counsel for respondent No. 2 opposed the bail.

Considering the aforesaid facts, this appeal is allowed and the impugned order is set aside. Let the appellants, named above, in the event of arrest/surrender within a period of eight weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive special

Patna High Court CR. APP (SJ) No.1215 of 2026(3) dt.14-05-2026 3/3

Judge , SC/ST Act, Civil Court ( Sadar ) Patna in connection with Maner Police Station Case No. 21 of 2026 .

(Prabhat Kumar Singh, J)

Koushik/-

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