Gaina Pandit @ Rupesh Pandey @ Gaina Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.206 of 2026 Arising Out of PS. Case No.-357 Year-2025 Thana- AKHODHIGOLA District- Rohtas ====================================================== GAINA PANDIT @ RUPESH PANDEY @ GAINA SAH Son of Khakhanu Pandey Resident of Village - Budhuan, P.S.- Akorhigola, District - Rohtas. ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Rajesh Kumar Son of Virendra Paswan Resident of Village - Mahuari, P.S.- Akorhigola, District - Rohtas.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Raghunandan Kumar Singh For the Respondent/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-06-2026

1. Heard the learned counsel for the appellant and the learned Special Public Prosecutor for the State.

2. The appellant has challenged the order dated 28.11.2025 passed by the learned Special Court, SC/ST Act, Rohtas at Sasaram in connection with Akorhigola PS Case No. 357 of 2025, instituted for the offences under Sections 126(2), 115(2), 109, 352, 351(2), 3(5) of the B.N.S and Section 3(i)(r), 3(i)(s) and 3(2)(va) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989, whereby his prayer for grant of anticipatory bail has been rejected.

3. The learned counsel for the appellant submits

Patna High Court CR. APP (SJ) No.206 of 2026(4) dt.17-06-2026 2/3 that from perusal of the office report dated 26.03.2026, it would manifest that respondent no.2 had received the notice validly, but despite receiving notice, the respondent no.2 chooses not to appear and contest. It is further submitted appellant is a person with clean antecedent. It is next submitted Anant Sah and Manish Kumar approached this court seeking anticipatory bail by filing Criminal Appeal (SJ) No. 5144 of 2025 and the same came to be allowed by an order dated 20.04.2026. It is submitted that case of the petitioner if not akin is similar to the case of Anant Sah and Manish Kumar.

4. The learned Special PP is not in a position to rebut the said submission of the learned counsel appearing on behalf of the appellant.

5. After hearing the learned counsel for the parties and taking into consideration the order dated 20.04.2026 in Criminal Appeal (SJ) No.5144 of 2025, the appellant, above-named, in the event of his arrest or surrender before the learned Court below within a period of eight weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two

Patna High Court CR. APP (SJ) No.206 of 2026(4) dt.17-06-2026 3/3 sureties of the like amount each to the satisfaction of learned Special Court, SC/ST Act, Rohtas at Sasaram in connection with Akorhigola PS Case No. 357 of 2025, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Satyavrat Verma, J) vikash/- U T