Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4436 of 2025 Arising Out of PS. Case No.-448 Year-2023 Thana- NOORSARAI District- Nalanda ====================================================== Pintu Kumar S/O Rajo Yadav R/O Village- Chandasi, P.S- Noorsarai, District - Nalanda.

... ... Appellant/s

Versus

1.

The State of Bihar 2.

Dhiraj Kumar S/O Amit Paswan R/O Pawaptti, P.S- Noorsarai, Distt.- Nalanda.

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

For the Appellant/s :

Mr. Amresh Kumar Sinha For the Respondent/s :

Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-12-2025

1. Heard learned counsel for the appellant and learned Spl. P.P. for the State, Mr. Binay Krishna.

2. This is an appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for anticipatory bail vide order dated 08.10.2025 in A.B.P. No. 1871 of 2025 passed by the learned VI Additional Sessions Judge-cum-Special Judge S.C./S.T. (POA) Act, Bihar Sharif, Nalanda in connection with Noor Sarai P.S. Case No. 448 of 2023 registered for the offences punishable under Section 365 of the Indian Penal Code read with Sections 3(2)(V) of the SC/ST Act.

Patna High Court CR. APP (SJ) No.4436 of 2025(2) dt.12-12-2025 2/3

3. Learned counsel for the appellant submits that appellant is a person with clean antecedent. It is next submitted that Parwati Devi had approached this Court seeking anticipatory bail by filing Cr. Appeal (SJ) No.1804 of 2025 and the same was allowed by an order dated 15.09.2025. It is next submitted that while granting the privilege of anticipatory bail to Parwati Devi, the Court had considered the case on merits and in detail after hearing the learned Special P.P., SHO and I.O. of the case. It is submitted that appellant and Parwati Devi came to be implicated in the instant case based on confessional statement of Sonu. It is thus submitted that the case of the appellant is also similar to the case of Parwati Devi, the only difference being that Parwati Devi is wife of Sudhir with whom it is alleged that the deceased was in an affair and appellant being brother of Parwati Devi came to be implicated.

4. Learned Spl. P.P. for the State, Mr. Binay Krishna is not in a position to rebut the submission of the learned counsel appearing on behalf of the appellant that while granting the privilege of anticipatory bail to Parwati Devi, the learned Special P.P., SHO and I.O. of the case were heard.

5. Considering the submission and taking into consideration the order dated 15.09.2025 in Cr. Appeal (SJ)

Patna High Court CR. APP (SJ) No.4436 of 2025(2) dt.12-12-2025 3/3 No.1804/2025, the order impugned is set aside. Let the appellant, above named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with the aforesaid case, subject to the conditions as laid down under Section 482(2) of the BNSS.

6. Accordingly, the impugned order is set aside and this appeal stands allowed.

(Satyavrat Verma, J) amit/- U T