Pintu Singh @ Hemant Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3121 of 2025 Arising Out of PS. Case No.-120 Year-2025 Thana- KASIMBAZAR District- Munger ====================================================== Pintu Singh @ Hemant Kumar Singh S/o- Satrughan Prasad Singh VillageMahaddipur Ps- Kasim Bazaar Dist- Munger ... ... Appellant/s

Versus

1.

The State of Bihar Bihar 2.

Vikash Kumar Paswan S/o- Late Jageshwar Paswan Village- Faujdari Bazaar Ps- Kasim Bazar Dist- Munger ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Vishal Vikram Rana Mr. Misha Bharti Mr. Utkarsh Vikram Rana Mr. Saurav Dev Mr. Akash Priya.

For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 13-03-2026 Heard the parties.

2. This appeal is preferred against the order dated 08.07.2025 passed by the learned Special Judge, SC/ST Act, Munger in connection with Kasim Bazar P.S. Case No. 120 of 2025 registered for the offence under Sections 109, 127(2) 115(2), 3(5), 352, 351(2), 126(2) of the BNS and under section 3 (1) (s), 3(1)(r), 3(2)(va) of S.C/S.T. (POA) Act by which anticipatory bail filed by the appellants has been rejected.

3. As per the prosecution case, the appellant and other accused persons are said to have dragged the informant with an intention to kidnap him and when he protested, the accused

Patna High Court CR. APP (SJ) No.3121 of 2025(3) dt.13-03-2026 2/3 persons assaulted him and have also abused him.

4. Learned counsel for the appellant submits that the appellant has falsely been implicated in this case and no offence under the provisions of SC/ST Act is made out in this case as the occurrence has taken place because the accused persons have some dispute over money transaction and therefore the application of the anticipatory bail is maintainable. He further submits that the injury caused to the informant is simple in nature.

5. Learned counsel for the State has opposed the prayer of the appellant.

6. From the reading of the entire FIR it does not appear that offence has been committed against the informant on the ground that he is a member of SC/ST community and primarily, it appears that for a dispute over money, the occurrence has taken place and therefore, this application for grant of anticipatory bail is held to be maintainable.

7. Considering the facts of the case and the rival submissions of the parties, this appeal is allowed and accordingly, the order dated 08.07.2025, is hereby set aside.

8. Let the appellant, in the event of their arrest or surrender within four weeks from today, be released on bail on

Patna High Court CR. APP (SJ) No.3121 of 2025(3) dt.13-03-2026 3/3 furnishing bail bonds of Rs. 10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, SC/ST Act, Munger/concerned Court below in in connection with Kasim Bazar P.S. Case No. 120 of 2025, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure/482(2) of the BNSS. (Sandeep Kumar, J) Vikas/- U