Pankaj Kumar Singh @ Pankaj Kumar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Pankaj Kumar Singh @ Pankaj Kumar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Criminal appeal allowed; impugned order dated 22.03.2024 rejecting anticipatory bail set aside; appellant directed to be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ADJ 1st cum Special Judge, SC/ST Act, Buxar, in connection with SC/ST P.S. Case No. 02 of 2024.

Issue for consideration

Whether the impugned order dated 22.03.2024 rejecting the appellant's prayer for anticipatory bail in SC/ST P.S. Case No. 02 of 2024 should be set aside and the appellant released on bail.

Court's answer

Considering the aforesaid facts and circumstances and the appellant's clean antecedent, the impugned order dated 22.03.2024 is set aside and the criminal appeal is allowed.

Ratio / Principle

The appellant, as named in the cause title, is to be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned ADJ 1st cum Special Judge, SC/ST Act, Buxar, in connection with SC/ST P.S. Case No. 02 of 2024.

Detailed headnote1 paragraphs

PATNA HIGH COURT (Prabhat Kumar Singh, J.), Criminal Appeal (SJ) No. 1781 of 2024, decided 29-01-2026 — Anticipatory bail — SC/ST Act. Appeal by Pankaj Kumar Singh @ Pankaj Kumar against order dated 22.03.2024 of the learned ADJ 61st cum Special Judge, SC/ST Act, Buxar, rejecting his anticipatory bail prayer in SC/ST P.S. Case No. 02 of 2024 (Buxar), registered under Sections 341, 323, 504, 506, 354/34 IPC and Sections 3(1)(r)(s), 3(2)(va) of the SC/ST Act. Prosecution case: appellant entered the informant's house and tried to outrage her modesty; at about 11.00 p.m. the named accused persons abused her taking caste name. Appellant's counsel urged the case was a counter blast to earlier Buxar Muffasil P.S. Case No. 54 of 2024 lodged against the informant's husband, that the FIR contained no caste-name allegation against the appellant, and claimed clean antecedents. Held: considering the facts, circumstances and clean antecedent, the impugned order was set aside and the appeal allowed; appellant to be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned ADJ 1st cum Special Judge, SC/ST Act, Buxar.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1781 of 2024

Arising Out of PS. Case No.-2 Year-2024 Thana- SC/ST District- Buxar

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

Pankaj Kumar Singh @ Pankaj Kumar Son of Ramgrihi Singh Resident of Village- Narbatpur, P.S.- Buxar Muffasil, District- Buxar

... ... Appellant/s

Versus

The State of Bihar

Rina Devi @ Rina Kumari W/o Govind Ram Resident of Village- Narbatpur, P.S.- Buxar Muffasil, Dist.- Buxar

... ... Respondent/s

====================================================== Appearance : For the Appellant/s : Mr. Ravi Shankar Pathak, Advocate For the Respondent/s : Mr. Sadanand Paswan, SPP ======================================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

4 29-01-2026 Heard learned counsel for the appellant, learned Special P.P. for of the State and learned counsel appearing on behalf of respondent no. 2.

This appeal has been filed against the order dated

22.03.2024 passed by learned ADJ 61^st cum Special Judge, SC/ST Act, Buxar, in connection with SC/ST P.S. Case No. 02 of 2024, registered under Sections 341, 323, 504, 506, 354/34 of the Indian Penal Code, and Sections 3(1)(r)(s), 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (for short “SC/ST Act”), whereby the prayer for anticipatory bail of appellant has been rejected.

As per prosecution case, on the alleged date and time

Patna High Court CR. APP (SJ) No.1781 of 2024(4) dt.29-01-2026 2/3

of occurrence, the appellant entered into the house of the informant and tried to outrage her modesty. It is further alelged that at about 11.00 pm, all the named accused persons came to the house of the informant and abused her taking caste name.

Learned counsel for the appellant submits that appellants are co-villager and has been falsely implicated in this case to save her skin from the case lodged by appellant. The present case is a counter blast of Buxar Muffasil P.S. Case No. 54 of 2024 which was lodged prior to the present case against the husband of the informant. From perusal of F.I.R., there is no allegation of taking caste name against the appellant. Hence, no case of SC/ST Act is made out. Appellant claims clean antecedent.

Learned Spl. Public Prosecutor for the State and learned counsel for the respondent no. 2 vehemently opposed the appeal.

However, considering the aforesaid facts and circumstances and clean antecedent, the impugned order dated 22.03.2024 is, hereby, set aside and this criminal appeal is allowed.

Let the appellant, as named above, be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. APP (SJ) No.1781 of 2024(4) dt.29-01-2026 3/3

learned ADJ 1^st cum Special Judge, SC/ST Act, Buxar, in connection with SC/ST P.S. Case No. 02 of 2024.

(Prabhat Kumar Singh, J)

khushbu/-

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