Pankaj Anand v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2133 of 2024 Arising Out of PS. Case No.-31 Year-2023 Thana- SC/ST District- Bhagalpur ====================================================== 1.
Pankaj Anand SON OF NAWAL KISHORE PODDAR R/O MOHALLAMOTI LAL LANE, SIKANDARPUR, HASANGANJ, P.S.- MOJAHIDPUR(BABARGANJ), DIST-Bhagalpur 2.
ABHISHEK KUMAR JHA SON OF MITHILESH JHA R/O VILLAGEAZADNAGAR, GONUDHAM BAIJANI, P.S.- JAGDISHPUR,DISTBHAGALPUR ... ... Appellant/s
Versus
1.
The State of Bihar 2.
BIJAY KUMAR RAJAK S/O SRI SADHU LAL BAITHA R/O MOHALLA- BARARI, WEST KAPURI MODI LANE, P.S.- BARARI, DIST- BHAGALPUR ... ... Respondent/s ====================================================== Appearance :
For the Appellants :
Mr. Ranjan Kumar Jha, Advocate For the State :
Mr. Sadanand Paswan, Spl.PP For the Informant :
Mr. Vivekanand Vivek, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-09-2025 Heard learned counsel appearing for the appellants, learned Spl.P.P. appearing on behalf of the State and learned counsel appearing on behalf of the informant/Respondent No. 2.
2. This appeal has been filed for setting aside order dated 03.04.2024 passed in a case registered for the offence punishable under Sections 341, 323, 406, 420, 504, 506 and 34 of the Indian Penal Code and Section 3(i)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,
2/4 whereby the prayer for anticipatory bail of these appellants has been rejected.
3. The prosecution case, in brief, is that on 15.11.2023, when informant went to the house of co-accused Gayatri Sah and requested to execute the sale deed, Gayatri Sah along with all the F.I.R. named accused persons, including these appellants, abused him by caste name, caught his collar and tried to strangulate him.
4. It is submitted by learned counsel appearing on behalf of the appellants that appellants are quite innocent and have committed no offence. From perusal of the F.I.R. it is apparent that there is dispute between Gayatri Sah and the informant with regard to registration of land and during pendency of this case, the land has already been registered in favour of the informant. Allegation of assault is general and omnibus and no specific accusation of overt act has been alleged against these appellants. It is not the case of the prosecution that any member of public was present at the place of occurrence and as such, no case under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act is made out against these appellants. It is lastly submitted that similarly situated coaccused person, namely Deepak Kumar Jha, has already been
3/4 granted anticipatory bail by this Hon'ble Court vide order dated 21.08.2025 passed in Cr. Appeal (SJ) No. 1698 of 2024. Appellants claim clean antecedents.
5. On the other hand, learned Spl.P.P. appearing on behalf of the State and learned counsel appearing on behalf of the informant/Respondent No. 2 have vehemently opposed this appeal.
6. Considering the facts and circumstances of the case, general and omnibus nature of accusation, claim based on parity and clean antecedents of the appellants, this appeal is allowed and the impugned order dated 03.04.2024 passed by the learned Additional District and Sessions Judge-III-cum-Special Judge, SC/ST Act, Bhagalpur in connection with A.B.P. No. 724 of 2024 arising out of Bhagalpur SC/ST P.S. Case No. 31 of 2023 is hereby set aside with respect to these appellants only.
7. Accordingly, 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 learned Additional District and Sessions Judge-III-cumSpecial Judge, SC/ST Act, Bhagalpur in connection with
4/4 Bhagalpur SC/ST P.S. Case No. 31 of 2023.
(Prabhat Kumar Singh, J) shashank/- U T