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2026 DAILYLAW 23331 (PAT)

Manoj Kumar v. The State of Bihar

CR. APP (SJ)/59/2026 · 2026-07-07

Sandeep Kumar

Criminal Appealbody2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.59 of 2026 Arising Out of PS. Case No.-340 Year-2025 Thana- DIDARGANJ District- Patna ====================================================== Manoj Kumar S/O Late Suresh Singh R/O Village - Nijampur, P.S- Didarganj, Distt.- Patna ... ... Appellant Versus 1. The State of Bihar 2. Indrajeet Kumar S/O Shri Parmanand Bhagat R/O Vill.- Rampur Shyamchand, P.S- Raghopur,Dist- Vaishali.At present R/O Village - Nijampur, P.S- Didarganj, Distt.- Patna ... ... Respondents ====================================================== Appearance : For the Appellant : Mr. Jay Ram Prasad, Advocate For the State : Mr. Sadanand Paswan, Spl. P.P. For the Resp. No.2 : Mr. Gautam Kejriwal, Advocate Mr. Vinayak Harshvardhan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 2 07-07-2026 Heard the learned counsel for the appellant, the learned Spl. PP for the State and the learned counsel for the respondent no.2. 2. The present appeal has been preferred for setting aside the order dated 03.12.2025 passed by the learned Exclusive Special Judge, SC/ST Act, Patna in Special Case No. 479 of 2025, arising out of Didarganj P.S. Case No. 340 of 2025, registered for the offences punishable under Sections 191(2), 115(2), 126(2), 326(g) of the Bharatiya Nyaya Sanhita, 2023 and Section 3(1)(r)(s) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for regular bail of the appellant was rejected. 3. The appellant and others are said to have set the house of the informant, who is a member of S.C./S.T. Patna High Court CR. APP (SJ) No.59 of 2026(2) dt.07-07-2026 2/4 community, on fire and looted the household articles. It is further alleged that earlier also altercation took place between the parties, in respect of which, the informant had also lodged an F.I.R. being Didarganj P.S. Case No.209 of 2025. 4. Learned counsel for the appellant submits that the appellant has been falsely implicated in this case. It is further submitted that the allegations against the appellant are general and omnibus in nature and no specific overt act has been attributed to him. It is also submitted that during investigation, no independent witness has supported the allegation against the appellant. It is further submitted that the appellant has been implicated merely on suspicion and that the essential ingredients of the offences under the SC/ST (Prevention of Atrocities) Act are not attracted against him. 5. The learned Special PP for the State and the learned counsel for the respondent no.2 have vehemently opposed the prayer for bail. It is further submitted that the accused persons, including the appellant, had earlier also assaulted the informant, for which Didarganj P.S. Case No.209 of 2025 was registered. The accused persons have been continuously threatening the informant and his family members with dire consequences, including murder. Patna High Court CR. APP (SJ) No.59 of 2026(2) dt.07-07-2026 3/4 6. It is further alleged that the appellant and his associates are alleged to be habitually involved in such criminal activities affecting public order and peaceful possession of property. 7. It is also submitted that apart from the present case, multiple criminal cases are pending against the appellant and his associates, namely: (a) Didarganj P.S. Case No. 355 of 2025; (b) Didarganj P.S. Case No. 209 of 2025; (c) Didarganj P.S. Case No. 358 of 2025; (d) Didarganj P.S. Case No. 81 of 2026, (e) Didarganj P.S. Case No. 340 of 2025 and recently, the appellant and his associates have again assaulted the informant and other persons and in respect of the said incident, the informant has also filed an F.I.R. vide Didarganj P.S. Case No.129 of 2026 on 23.05.2026. 8. It is further submitted that the accused persons, including the appellant, are involved in a pattern of organized criminal activities including extortion, intimidation, and repeated violent acts, thereby posing a serious threat to law and order in the locality. 9. I have considered the submissions of the parties. 10. Having considered the rival submissions and Patna High Court CR. APP (SJ) No.59 of 2026(2) dt.07-07-2026 4/4 upon careful perusal of the material available on record, this Court finds that the allegations against the appellant are serious in nature. The appellant is also shown to be involved in several other criminal cases of similar nature, reflecting a pattern of habitual criminal activity. The possibility of the appellant influencing witnesses and repeating similar offences cannot be ruled out at this stage. 11. In view of the gravity of the allegations, the criminal antecedents of the appellant, and the overall facts and circumstances of the case, this Court is not inclined to grant the privilege of regular bail to the appellant. 12. Accordingly, the present appeal stands dismissed. 13. It is made clear that any observation made herein is prima facie in nature and limited solely for the purpose of adjudication of the present bail application. Such observations shall not be construed as an expression on the merits of the case and shall not influence the trial or any other proceedings in any manner. pawan/- (Sandeep Kumar, J) U T