Manish Kumar Yadav @ Manish Kumar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Manish Kumar Yadav @ Manish Kumar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal allowed; impugned order dated 06.09.2022 set aside; appellant released on bail on furnishing bail-bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Special Judge, SC/ST Act, Purnia.

Issue for consideration

Whether the order dated 06.09.2022 of the learned Special Judge, SC/ST Act, Purnia rejecting the appellant's prayer for anticipatory bail should be set aside and the appellant released on bail. +1 more

Court's answer

Considering the facts and circumstances of the case and the appellant's clean antecedent, the Court set aside the impugned order dated 06.09.2022 and allowed the criminal appeal.

Ratio / Principle

The appellant was directed to be released on bail on furnishing a bail-bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Special Judge, SC/ST Act, Purnia, in connection with Jankinagar P.S. Case No. 124 of 2022.

Detailed headnote1 paragraphs

Patna High Court (Prabhat Kumar Singh, J.), oral order dated 29-01-2026 in Criminal Appeal (SJ) No.3368 of 2022, arising from Jankinagar P.S. Case No. 124 of 2022, District Purnia, registered under Sections 341, 323, 504, 354 and 34 of the IPC and Sections 3(i)(r)(w)(s), 3(2)(va) of the SC/ST Act. Appeal lay against rejection of the appellant's anticipatory bail by the Special Judge, SC/ST Act, Purnia, by order dated 06.09.2022. Prosecution alleged forcible cutting of 50 bamboos, mar-pit with the informant, death threat and abuse by caste name. Defence urged general and omnibus allegations, absence of any specific overt act, simple injuries, and that the occurrence was not within public view so as to attract the SC/ST Act. Considering the facts and circumstances and the appellant's clean antecedent, the Court set aside the order dated 06.09.2022, allowed the appeal, and directed release on bail on a bail-bond of Rs. 10,000/- with two like sureties. The Court did not expressly adjudicate the defence contention on applicability of the SC/ST Act.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.3368 of 2022

Arising Out of PS. Case No.-124 Year-2022 Thana- JANKINAGAR District- Purnia

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

MANISH KUMAR YADAV @ MANISH KUMAR Son of Manoj Yadav Resident of Village- Khunt, Ward No.-10, P.S.- Jankinagar, District- Purnia

... ... Appellant/s

Versus

The State of Bihar 2. SANJAY KUMAR RAM @ SANJAY RAM Son of Late Baleshwar Ram Resident of Village- Kunut Hatiya Tola, P.S.- Jankinagar, District- Purnea

... ... Respondent/s

====================================================== Appearance : For the Appellant/s : Mr. Shambhu Sharan Singh, Advocate For the Respondent No. 2 : Mr. Kamlesh Kumar Pathak, Advocate Ms. Suman Kumari, Advocate For the Respondent/s : Mr. Binay Krishna, SPP ======================================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

6 29-01-2026

Heard learned counsel for the appellant and learned counsel for the respondent no. 2 as well as learned Special P.P. for of the State.

This appeal has been filed against the order dated 06.09.2022 passed by learned Special Judge, SC/ST Act, Purnia in connection with Jankinagar P.S. Case No. 124 of 2022, registered under Sections 341, 323, 504, 354 and 34 of the IPC and Sections 3(i)(r)(w)(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, it is alleged that all the accused persons including this appellant forcibly cut 50 bamboos

Patna High Court CR. APP (SJ) No.3368 of 2022(6) dt.29-01-2026 2/2

and committed mar-pit with the informant and issued death threat. It is further alleged that informant was also abused by caste name.

Learned counsel for the appellant submits that there is general and omnibus allegation levelled against the appellant. No specific allegation of overt act has been attributed to the appellant. Injuries are simple. As per FIR the alleged incidence did not take place within the public view as such, no offence under Section SC/ST Act is made out against this appellant.

Learned Spl. Public Prosecutor for the State opposed the appeal of the appellant.

However, considering the aforesaid facts and circumstances and clean antecedent, the impugned order dated 06.09.2022 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 learned Special Judge, SC/ST Act, Purnia, in connection with Jankinagar P.S. Case No. 124 of 2022.

(Prabhat Kumar Singh, J)