Patna High CourtCR. APP (SJ)/4406/2025allowed

Sanoj Kumar @ Sanju v. The State Of Bihar

2026-01-22Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4406 of 2025 Arising Out of PS. Case No.-192 Year-2024 Thana- PRANPUR District- Katihar ====================================================== Sanoj Kumar @ Sanju S/O Jaykant Mandal R/O Village- Dhanpara, Dhanpada, P.S.- Pranpur, Distt- Katihar ... ... Appellant/s

Versus

The State of Bihar 2.

Kanhai Paswan S/O late Baijnath Paswan R/O Vill.- Maygama, P.S.- Pranpur, Dist.- Katihar.

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

For the Appellant/s :

Mr.Kumar Dhananjay, Advocate For the Informant :

Mr. Jitendra Kumar Pandey, Advocate For the Respondent/s :

Mr.Binay Krishna, S.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-01-2026 Heard learned counsel for the appellant, learned Special Public Prosecutor for the State and learned counsel for the informant/Respondent No. 2 and perused the case diary.

2. The instant appeal has been filed by the appellant against the order dated 28.07.2025 passed by DASJ-I-cumSpecial Judge, SC/ST, Katihar, whereby the prayer for bail of the appellant in connection with Pranpur P.S. Case No. 192 of 2024 (G.R. No. 6424 of 2024), under Sections 192(2), 126(2), 115(2), 132, 121(2), 351(2) and 352 of the B.N.S and Section 3(i)(r)(s), 3(2)(va) of the SC/ST Act was rejected.

3. Prosecution case, in short, is that on 01.12.2024 at 9.30 AM, which informant was returning to his home in the meantime, petitioner restrained the informant and abused him calling the name of his caste. On protest, the petitioner assaulted

Patna High Court CR. APP (SJ) No.4406 of 2025(3) dt.22-01-2026 2/3 the informant by means of bamboo and fists. In the mean time, six unknown boys also reached there and assaulted the informant. It is alleged that petitioner kept pistol on the temple of the informant and threatened to kill him.

4. Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. Learned counsel for the appellant further submits that the appellant has not taken the caste name of the informant in public view. Hence, no offence under the provisions of SC/ST Act is made out against him. The appellant has no intention to disgrace the image of the informant in public view. There is no specific allegation against the appellant. The appellant is in custody since 17.05.2025 and has seven criminal antecedents.

5. Learned Special P.P. for the State and the informant have vehemently opposed the prayer for grant of bail to the appellant.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the appellant, this Court is inclined to allow this appeal. Accordingly, the appeal is allowed and order dated 28.07.2025 passed by DASJ-I-cum-Special Judge, SC/ST, Katihar, in connection with Pranpur P.S. Case No. 192 of 2024 (G.R. No. 6424 of 2024), is hereby set aside.

Patna High Court CR. APP (SJ) No.4406 of 2025(3) dt.22-01-2026 3/3

7. Let the appellant be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Pranpur P.S. Case No. 192 of 2024 (G.R. No. 6424 of 2024), subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(III) If the petitioner is found involved in similar nature of offence in future, the Trial Court will have the liberty to cancel the bail bonds of the petitioner.

(IV) The petitioner will not leave the territorial jurisdiction of the Court below without its prior permission for the same.

(Rudra Prakash Mishra, J) manish/- U T