Patna High Court
Shiv Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The appeal is allowed and the order rejecting anticipatory bail is set aside, granting the appellant bail subject to statutory conditions.
Summary
The appellant, Shiv Kumar Singh, was charged in a case involving alleged assault and caste abuse at the informant's house, with offences listed under the IPC, Arms Act and the SC/ST (Prevention of Atrocities) Act. The prosecution argued that the incident was motivated by a dispute over the informant's husband's seized car, not by the informant's caste status. The trial court rejected the appellant's anticipatory bail application, holding that the SC/ST provisions were applicable. On appeal, the High Court examined the FIR and found no evidence that the offence was committed on the basis of the informant's SC/ST identity and that the appellant was merely a passenger in a car, not a participant in the assault. Consequently, the Court set aside the trial court's order, allowed the appeal, and directed that the appellant be released on bail subject to conditions under Sections 438(2) and 482(2) of the CrPC.
Issues considered
- Whether the alleged incident falls within the ambit of the SC/ST (Prevention of Atrocities) Act.
- Whether anticipatory bail is maintainable when the accused's involvement is limited to being a passenger and no substantive offence is proved.
- Whether the trial court erred in rejecting the anticipatory bail application.
Legislation cited
- Arms Act — s. 27
- Code of Criminal Procedure — s. 438(2), 482(2)
- Indian Penal Code — s. 323, 341, 354(b), 448, 504, 506/34
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(2)(s), 3(2)(va)
Subjects
- anticipatory bail
- SC/ST Act
- caste violence
- bail conditions
- Criminal Procedure Code
- false implication
- IPC offences
- arms act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1099 of 2025
Arising Out of PS. Case No.-325 Year-2023 Thana- JAYNAGAR District- Madhubani
======================================================
Shiv Kumar Singh S/O Abhilal Singh @ Utam Lal Singh R/O Village- Kasma
Marar, P.S- Khajauli, Distt.- Madhubani.
... ... Appellant/s
Versus
1. The State of Bihar
2. Anjali kumari D/O Shankar Paswan R/O Village- Selra, P.S- Jaynagar,
Distt.- Madhubani.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Ms.Kumari Pallavi, Advocate
For the Respondent/s : Mr.Sadanand Paswan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 12-03-2026 Heard the parties.
2. This appeal is preferred against the order dated
27.01.2025 passed by the learned A.D.J. 1st -cum-Special Judge,
Madhubani in connection with Jaynagar P.S. Case No. 325 of
2023 registered for the offence under Sections 448, 341, 323,
354(b), 504, 506/34 of the I.P.C. and Section 27 of the Arms Act
and under section 3 (1)(2) (s), 3(2)(va) of S.C/S.T. Act by
which anticipatory bail filed by the appellant has been rejected.
3. As per the prosecution case, while the informant
was in her house, several accused persons are said to have
entered the house of the informant with an intent to assault her
and have abused her by caste name.
Patna High Court CR. APP (SJ) No.1099 of 2025(4) dt.12-03-2026
2/3
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
suspected the informant’s husband had made their car caught by
the police along with liquor and therefore the application of the
anticipatory bail is maintainable.
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 she is a member of SC/ST community and
primarily, it appears that for a dispute between her husband and
the accused persons, 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 as well as the fact the appellant was
not involved in the occurrence and he was only sitting in the car
and has not done any criminal act, this appeal is allowed and
accordingly, the order dated 27.01.2025 passed by the learned
A.D.J. 1st -cum-Special Judge, Madhubani in connection with
Patna High Court CR. APP (SJ) No.1099 of 2025(4) dt.12-03-2026
3/3
Jaynagar P.S. Case No. 325 of 2023, is hereby set aside.
8. Let the appellant, in the event of his arrest or
surrender within four weeks from today, be released on bail on
furnishing bail bonds of Rs. 10,000/-(Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned A.D.J. 1st -cum-Special Judge, Madhubani
/concerned Court below in connection with Jaynagar P.S. Case
No. 325 of 2023, subject to the conditions laid down under
Section 438(2) of the Code of Criminal Procedure/482(2) of the
BNSS.
(Sandeep Kumar, J)
tusharika/-
U T
Checking your session…