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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 ======================================================
1. Abhishek Kumar S/o Shivshankar Singh Resident of - Ramnagar Tajpur, P.S - Maner, District - Patna
2. Rohit Kumar @ Rohit Raj S/o Doshi Kumar @ Doshi Singh R/o Village - Tajpur Rasulpur, P.S - Maner, District - Patna ... ... Appellant/s Versus
1. The State of Bihar
2. 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.
2. 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
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.
4. 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.
5. Learned special Public Prosecutor as well as
learned counsel for respondent No. 2 opposed the bail.
6. 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 .
Koushik/- (Prabhat Kumar Singh, J) U T