Suman Kumar Pandey @ Suman Pandey Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Suman Kumar Pandey @ Suman Pandey Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail granted: appellants to be enlarged on bail upon arrest/surrender within eight weeks on bail-bonds of Rs. 10,000/- each with two sureties of the like amount each, to the satisfaction of the SC/ST Exclusive Special Court, Saran at Chapra; impugned order dated 12.09.2024 set aside with respect to the appellants only.

Issue for consideration

Whether the appellants, whose prayer for anticipatory bail was rejected by the SC/ST Exclusive Special Court, Saran at Chapra, are entitled to be enlarged on bail in this appeal.

Court's answer

Considering the nature of accusation and injury, the appellants, in the event of arrest/surrender within eight weeks, were directed to be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the SC/ST Exclusive Special Court, Saran at Chapra in ABP No. 3003 of 2024.

Ratio / Principle

The criminal appeal is allowed and the impugned order dated 12.09.2024 is set aside with respect to these appellants only.

Detailed headnote1 paragraphs

Patna High Court (Prabhat Kumar Singh, J.), by order dated 02-04-2026, allowed Criminal Appeal (SJ) No.4740 of 2024 against the order dated 12.09.2024 of the SC/ST Exclusive Special Court, Saran at Chapra rejecting the appellants' prayer for anticipatory bail in ABP No. 3003 of 2024, arising out of Nayagaon P.S. Case No. 139 of 2024 registered under Sections 126(2), 127(2), 115(2), 117(2), 106, 3(5) of the Bharatiya Nyaya Sanhita and Section 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Considering the nature of accusation and injury, the Court directed that the appellants, on arrest/surrender within eight weeks, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- each with two sureties of the like amount each; the impugned order was set aside with respect to these appellants only. None appeared for respondent no. 2 despite valid service of notice.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.4740 of 2024

Arising Out of PS. Case No.-139 Year-2024 Thana- NAYAGAON District- Saran

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

Suman Kumar Pandey @ Suman Pandey Son of Late Narsingh Dutt Pandey Resident of Village - Nayagaon, P.S.- Nayagaon, District - Saran

Manan Kumar Pandey @ Manan Pandey Son of Late Narsingh Dutt Pandey Resident of Village - Nayagaon, P.S.- Nayagaon, District - Saran

... ... Appellant/s

Versus

The State of Bihar

Tarkeshwar Ram Son of Late Halli Ram Resident of Village - Nayagaon, P.S.- Nayagaon, District - Saran

... ... Respondent/s

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

Appearance : For the Appellant/s : Mr. Sunil Kumar Singh, Advocate For the Respondent/s : Mr. Binay Krishna, Spl. Public Prosecutor ======================================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

5 02-04-2026

Despite valid service of notice, none appears on

behalf of the respondent no. 2.

Heard learned counsel for the appellants and the

State.

This appeal has been filed against the order dated 12.09.2024 passed by learned SC/ST Exclusive Special Court, Saran at Chapra in ABP No. 3003 of 2024 arising out of Nayagaon P.S. Case No. 139 of 2024 registered under Sections 126(2), 127(2), 115(2), 117(2), 106, 3(5) of the Bharatiya Nyaya Sanhita and Section 3(1)(r)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the

Patna High Court CR. APP (SJ) No.4740 of 2024(5) dt.02-04-2026 2/3

prayer for anticipatory bail of appellants has been rejected.

It is alleged that all the F.I.R. named accused

persons, including these appellants and two unknown miscreants, caught the informant, forcibly made him sit in their Scorpio vehicle and brutally assaulted him as a result of which he sustained injury.

Learned counsel for the appellants submits that allegation of assault is general and omnibus and there is no allegation of any specific overt act against the appellants. Injury sustained by the injured are simple in nature. Appellants are not alleged to have abused informant by caste name and as such, no case under SC/ST Act is made out against them.

Learned Spl. Public Prosecutor for the State vehemently opposed the bail application.

Considering the nature of accusation and injury, let the appellants, as named above, in the event of their arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned SC/ST Exclusive Special Court, Saran at Chapra in ABP No. 3003 of 2024 arising out of Nayagaon P.S. Case No. 139 of 2024.

Patna High Court CR. APP (SJ) No.4740 of 2024(5) dt.02-04-2026 3/3

Accordingly, this criminal appeal is allowed and

impugned order dated 12.09.2024 is set aside with respect to

these appellants only.

(Prabhat Kumar Singh, J)

Navya/-

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