Anil Thakur @ Badho Thakur @ Anil Sharma @ Anil Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.481 of 2026 Arising Out of PS. Case No.-507 Year-2025 Thana- HISUWA District- Nawada ====================================================== Anil Thakur @ Badho Thakur @ Anil Sharma @ Anil Kumar S/O Chhedi Thakur Resident of Village- Panchu Gadh Mushahari, P.S.- Hisua, District Nawada ... ... Appellant/s
Versus
1.
The State of Bihar 2.
Samudri Devi W/O Late Gaya Manjhi Resident of Village- Panchu Gadh Mushahari, P.S.- Hisua, District Nawada ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Manish Kumar No 13, Advocate Mr. Rohit Kumar, Advocate For the Respondent/s :
Mrs. Usha Kumari 1, Spl.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 15-05-2026 Heard learned counsel for the appellants and learned Spl. P.P. for the State.
2. This is an appeal under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for bail vide order dated 18.12.2025 passed by the learned Exclusive Special Judge, Special court, SC/ST Act, Nawada in connection with Hisua P.S. Case No. 507 of 2025 registered for the offences punishable under Sections 191(2), 190, 103(1), 103(2), 115(2) & 109 of the Bharatiya Nyaya Sanhita, 2023, under Sections 3 and 4 of the Bihar Dian Act and under Sections 3(1)(r)(s), 3(2)(v) of the SC/ST Act.
Patna High Court CR. APP (SJ) No.481 of 2026(4) dt.15-05-2026 2/3
3. The case of the respondent, in short, is that the appellant along with other co-accused persons has murdered the husband of respondent and they also decided to burn the respondent Samudri Devi with deceased Gaya Manjhi.
4. Learned counsel for the appellant submits that appellant is innocent and has falsely been implicated in the present case due to dirty village politics. Charge-sheet has been submitted in this case. No specific allegation is against the appellant. The name of the appellant has transpired on the basis of confessional statement of co-accused Mohan Manjhi. Learned counsel for the appellant further submits that the appellant has not taken the caste name of the respondent in public view. Hence, no offence under the provisions of SC/ST Act is made out against them. The appellant has no intention to disgrace the image of the respondent in public view. There is no specific allegation of assault against the appellant. The appellant has got no criminal antecedent and he is in custody since 27.08.2025. Learned counsel has further submitted that similarly situated other coaccused persons have already been granted bail by this Court vide Cr. APP(SJ) Nos. 4569 of 2025 and 4579 of 2025.
5. Learned Spl.P.P. for the State has vehemently opposed the prayer for grant of bail to the appellants.
6. In view of the submissions made by the learned
Patna High Court CR. APP (SJ) No.481 of 2026(4) dt.15-05-2026 3/3 counsel for the appellant, the order dated 18.12.2025 passed by the learned Exclusive Special Judge, Special court, SC/ST Act, Nawada in connection with Hisua P.S. Case No. 507 of 2025 is hereby set aside and the appellants above-named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court of Exclusive Special Judge, Special Court, SC/ST Act, Nawada in connection with Hisua P.S. Case No. 507 of 2025.
7. Accordingly the appeal stands allowed.
(Ashok Kumar Pandey, J) Shubham/- Sneha/- U T