Patna High Court
Naresh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The High Court set aside the order rejecting anticipatory bail and granted bail to the appellants.
Summary
The appellants Naresh Kumar, Kupendra, and Santosh were accused of assaulting a wage‑seeker and his family, allegedly using caste‑based slurs, after a dispute over unpaid wages. The FIR was lodged about 20 days after the incident, raising questions about its veracity. The Special Judge had rejected their anticipatory bail application under several provisions of the Bharatiya Nyaya Sanhita and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The appellants contended they were innocent, had clean antecedents, and that the delay and lack of eyewitnesses undermined the prosecution's case. The Patna High Court, considering the nature of the accusation, the delay, and the appellants' clean record, ordered that they be released on bail upon furnishing bonds, thereby setting aside the lower court’s order. The appeal was consequently allowed.
Issues considered
- Whether the delay of 20 days in filing the FIR warrants granting anticipatory bail.
- Whether the allegations under the SC/ST (Prevention of Atrocities) Act are maintainable in the present facts.
- Whether the nature of the offences and the appellants' clean antecedent justify bail under the cited sections of the Bharatiya Nyaya Sanhita.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 115(2), 126(2), 303(2), 3(5), 351(3), 352, 74
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r)(s)
Subjects
- anticipatory bail
- assault
- caste discrimination
- SC/ST Act
- delay in FIR
- bail jurisprudence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1043 of 2025
Arising Out of PS. Case No.-201 Year-2024 Thana- PANDARAK District- Patna
======================================================
1. Naresh Kumar S/O Late Sitaram Saw @ Sita Ram Gupta Resident of
Village- Gowasha, Shekhpura, P.S- Pandarak, Distt.- Patna.
2. Kupendra Saw @ Kopindra Kumar S/O Late Sitaram Saw @ Sita Ram
Gupta Resident of Village- Gowasha, Shekhpura, P.S- Pandarak, Distt.-
Patna.
3. Santosh Saw @ Santosh Kumar S/O Ashok Saw Resident of Village-
Gowasha, Shekhpura, P.S- Pandarak, Distt.- Patna.
... ... Appellant/s
Versus
1. The State of Bihar
2. Anchan Devi W/O Budhan Chaudhary R/O Village- Gowasha Shekhpura,
P.S- Pandarak, Distt.- Patna.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Bhim Sen Prasad, Advocate
For the Respondent/s : Mr. Sadanand Paswan, Spl. Public Prosecutor
For the R.No. 2 : Mr. Bishwajeet Pandey, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 23-04-2026 Heard learned counsel for the appellants, respondent
no. 2 and the State.
2. This appeal has been filed against the order dated
10.12.2024 passed by learned Exclusive Special Judge, SC/ST,
Act Civil Court (Sadar), Patna in ABP No. 4876 of 2024 arising
out of Pandarak P.S. Case No. 201 of 2024 registered under
Sections 126(2), 115(2), 303(2), 74, 351(3), 352, 3(5) of the
Bharatiya Nyaya Sanhita and Section 3(1)(r)(s) of Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Act,
Patna High Court CR. APP (SJ) No.1043 of 2025(4) dt.23-04-2026
2/3
whereby the prayer for anticipatory bail of appellants has been
rejected.
3. As per F.I.R., on 19.07.2024, when son of the
informant asked for his due wages of Rs. 4,500/- from the tent
owner, then these appellants abused him by caste name and
assaulted him. When informant reached at the spot, then accused
persons also abused and assaulted informant and her husband
with iron rod.
4. Learned counsel for the appellants submits that
appellant and are innocent and have committed no offence.
Appellants are also workers in the tent house and on petty
dispute, altercation took place between the parties in which both
sides sustained injuries. Case and counter case. Allegation of
assault is general and omnibus. F.I.R. has been lodged after
inordinate delay of about 20 days which itself raises doubt over
veracity of the prosecution case. It is not the case of informant
that any member of public was present at the place of
occurrence and as such, no case under SC/ST Act is made out
against the appellants. Appellants claim clean antecedent.
5. Learned Spl. Public Prosecutor for the State as well
as learned counsel for the respondent no. 2 vehemently opposed
the bail application.
Patna High Court CR. APP (SJ) No.1043 of 2025(4) dt.23-04-2026
3/3
6. Considering the nature of accusation, delay in
lodging the F.I.R. and clean antecedent, let the appellants, as
named above, in the event of their arrest/surrender within a
period of eight weeks from today, be enlarged on bail on
furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with
two sureties of the like amount each to the satisfaction of
learned Exclusive Special Judge, SC/ST, Act Civil Court
(Sadar), Patna in ABP No. 4876 of 2024 arising out of Pandarak
P.S. Case No. 201 of 2024.
7. Accordingly, this criminal appeal is allowed and
impugned order dated 10.12.2024 is set aside with respect to
these appellants only.
(Prabhat Kumar Singh, J)
Navya/-
U T
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