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Patna High Court

Chandramani Singh @ Chandramani KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The High Court held that no offence under the SC/ST Act was made out against the appellant and allowed his anticipatory bail, setting aside the lower court’s order.

Summary

The appellant, Chandramani Singh, was charged under several IPC provisions and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for alleged assault and caste-based abuse during an incident on 12-05-2023. He contended that he had a clean antecedent, was falsely implicated, and that no specific allegation of assault or overt act was made against him. The Special Public Prosecutor opposed his anticipatory bail, but the High Court observed that no offence under the SC/ST Act was made out against the appellant and noted that co‑accused had already been granted anticipatory bail in related cases. Consequently, the Court set aside the lower court’s refusal and granted anticipatory bail to the appellant with specified conditions. The appeal was therefore allowed.

Issues considered

  • Whether the appellant is liable to an offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
  • Whether anticipatory bail should be granted to the appellant in view of the allegations and his antecedents.
  • Whether the lower court’s order refusing anticipatory bail was justified.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • scheduled caste
  • scheduled tribe
  • criminal procedure
  • bail conditions
  • false allegations

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.1203 of 2026
                         Arising Out of PS. Case No.-20 Year-2023 Thana- SC/ST District- Vaishali
                 ======================================================
                 Chandramani Singh @ Chandramani Kumar S/o- Ramchandra Singh R/v-
                 Warispur Maal PS-Bhagwanpur District- Vaishali


                                                                                     ... ... Appellant/s
                                                         Versus

           1.    The State of Bihar
           2.    Leela Devi w/o- Amod Rajak R/v- Ashatpur Satpura Ps- Bhagwanpur Dist-
                 Vaishali


                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :        Mr. Dharmendra Kumar Paswan, Advocate
                                          :        Mr. Amar Kumar, Advocate
                                          :        Ms. Deepshikha, Advocate
                                          :        Mr. Suraj Kumar, Advocate
                 For the Respondent/s     :        Mr. Binay Krishna, SPP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

4   09-07-2026                   Despite of valid service of notice upon respondent

                   No.2, no one appears on behalf of respondent No.2.

                                2. Heard Mr. Dharmendra Kumar Paswan, learned

                   counsel for the appellant as well as Mr. Binay Krishna, learned

                   Spl.P.P. for the State.

                                3. This is an appeal under Sections 14(A)(2) against

                   refusal of the prayer for anticipatory bail by order dated 16.02

                   2026 passed by the learned Exclusive Special Judge SC/ST

                   Vaishali at Hajipur in A.B.P No. 47 of 2023 arising out of

                   SC/ST P.S. Case No. 20 of 2023, registered for the offences
Patna High Court CR. APP (SJ) No.1203 of 2026(4) dt.09-07-2026
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          under Sections 147, 341,323,354-B, 324, 447, 380, 504, 506 of

          the Indian Penal Code and Sections 3(1)(r), 3(1)(s)(w), 3(2)(va)

          of the SC/ST Act.

                       4. According to the prosecution case, the informant

          has alleged that on 12-05-2023 at about 12:00 A.M. when he

          went to orchard, near Bank of river for natural call, in the

          meantime co-accused Ramchandra Singh came there and pulled

          her saree, assaulted her and pulled on earth. On hulla, when her

          son came to save, then the appellant along with other accused

          persons came there and assaulted and abuse to her caste name.

          Further alleged that other accused persons and 5 to 6 unknown

          persons came there and they also abused and assaulted them. It

          is further alleged that co accused Manish Kumar entered into

          informant’s house and took away one Attachi worth Rs.

          2,00,000/- of jewellary.

                       5. Learned counsel for the appellant submits that

          appellant has clean antecedent and he has falsely been

          implicated in the present case. He further submits that the

          allegation as alleged in the F.I.R. is false and fabricated and the

          appellant has not committed any offences as alleged in the F.I.R.

          He next submits that there is no specific allegation of assault or

          overt act attributed against this petitioner and one of the co-
Patna High Court CR. APP (SJ) No.1203 of 2026(4) dt.09-07-2026
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          accused, namely, Ram Chandra Singh, against whom there is

          specific allegation of assault has been granted the privilege of

          anticipatory bail by a co-ordinate Bench of this Court vide order

          dated 23.02.2024 in Cr. Appeal(SJ) No. 3348 of 2023 and other

          co-accused persons, namely, Sanjay Kumar @ Sanjay singh and

          Manish Kumar @ Kare Singh have been granted the privilege of

          anticipatory bail by this Court vide order dated 15.07.2025 in

          Cr. Appeal(SJ) No.4380 of 2023.

                       6. Learned Special Public Prosecutor for the State has

          vehemently opposed the prayer for bail of the appellant.

                       7. After hearing the parties, in my view for the

          purpose of this anticipatory bail, no offence under the provisions

          of Scheduled Castes and Scheduled Tribes Act is made out.

                       8. Considering the aforesaid facts and circumstances

          and the fact that appellant has clean antecedent and there is no

          specific allegation of assault or overt act attributed against him

          and co-accused persons have been granted the privilege of

          anticipatory bail by this Court or co-ordinate Bench of this

          Court, let the appellant, above named, in the event of his arrest

          or surrender before the Court below within a period of thirty

          days from the date of receipt of the order, be released on

          anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten
Patna High Court CR. APP (SJ) No.1203 of 2026(4) dt.09-07-2026
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          thousand) with two surities of the like amount each to the

          satisfaction of learned Court of Exclusive Special Judge SC/ST

          Vaishali at Hajipur in connection with SC/ST P.S. Case No. 20

          of 2023, subject to the conditions as laid down under Section

          438(2) of the Code of Criminal Procedure / Section 482(2) of

          the Bhartiya Nagarik Suraksha Sanhita, 2023 and with other

          following conditions:-

                       i. Appellant shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on his absence on two consecutive dates without sufficient

          reason, his bail bond shall be cancelled by the Court below.

                       ii. If the appellant tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to

          move for cancellation of bail.

                       iii. And further condition that the court below shall

          verify the criminal antecedent of the appellant and in case at

          any stage it is found that the appellant has concealed his

          criminal antecedent, the court below shall take step for

          cancellation of bail bond of the appellant. However, the

          acceptance of bail bonds in terms of the above-mentioned order

          shall not be delayed for purpose of or in the name of
            Patna High Court CR. APP (SJ) No.1203 of 2026(4) dt.09-07-2026
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                      verification.

                                   9. Accordingly, the impugned order is set aside and

                      this appeal stands allowed.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


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