Patna High Court
Vishwanath Kumar Singh @ Vishwanath Kumar @ Chotu Singh @ Chotu Kumar @ Weepy KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
Holding
The order refusing anticipatory bail was set aside and anticipatory bail was granted subject to conditions.
Summary
The appellants, Vishwanath Kumar Singh and others, appealed against the Special Judge's refusal to grant anticipatory bail under Section 14-A(2) of the SC/ST Act in a case involving alleged caste-based assault and other offences. They argued that the notice was properly served, the complainant failed to appear, and the allegations were vague, general and unsupported by any injury. The State opposed the appeal, maintaining that the charges under multiple sections of the Bihar Negotiable Sale Act, 2023 and the SC/ST Act warranted denial of bail. The Patna High Court held that the lower court erred in refusing bail and set aside its order, granting anticipatory bail subject to a bail bond of Rs. 5,000 and two sureties, along with conditions under Section 482(2) of the BNSS. Consequently, the appeal was allowed and any pending applications were disposed of.
Issues considered
- Whether the refusal of anticipatory bail under Section 14-A(2) of the SC/ST Act was justified in view of the facts.
- Whether the allegations constitute a cognizable offence warranting denial of bail.
- Whether proper service of notice and the complainant's non‑appearance affect the bail decision.
- Whether the lower court correctly applied Section 482(2) of the BNSS in refusing bail.
Legislation cited
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(2), 3(i), 3(r), 3(s)
Subjects
- anticipatory bail
- SC/ST Act
- Section 14-A
- Section 482
- caste based violence
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1509 of 2025
Arising Out of PS. Case No.-45 Year-2025 Thana- SHERGHATI District- Gaya
======================================================
1. Vishwanath Kumar Singh @ Vishwanath Kumar @ Chotu Singh @ Chotu
Kumar @ Weepy Kumar S/o Sudama Singh R/o vill - B.T. Bigha, P.s.-
Sherghati, Distt.- Gaya
2. Shivam Kumar Singh @ Shivam Kumar S/o Sudama Singh R/o vill - B.T.
Bigha, P.s.- Sherghati, Distt.- Gaya
3. Rishi Kumar @ Rishi Kumar Singh S/o Late Pawan Kumar Singh R/o vill -
B.T. Bigha, P.s.- Sherghati, Distt.- Gaya
... ... Appellant/s
Versus
1. The State of Bihar
2. Shyam Nandan Kumar S/o Ramji Paswan R/o vill - Nawada, Post - B. T.
Bigha, P.s. - Sherghati, Distt.- Gaya
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Arvind Kumar Singh, Advocate
For the Respondent/s : Ms. Usha Kumari 1, Special PP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 04-02-2026 1. Heard learned counsel for the appellants and
learned Spl. P.P. for the State, Ms. Usha Kumari 1.
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 19.03.2025 in A.B.P. No. 68 of 2025 passed by
the learned Exclusive Special Judge S.C./S.T. (POA) Act,
Patna High Court CR. APP (SJ) No.1509 of 2025(4) dt.04-02-2026
2/4
Gaya in connection with Sherghati P.S. Case No. 45 of 2025
registered for the offences punishable under Sections 191(2),
190, 126(2), 115(2), 303(2), 127(2), 351(2) and 352 of the
BNS, 2023 as well as Sections 3(i) (r) (s) and 3(2) (va) of the
SC/ST Act.
3. Learned counsel for the appellants submits that
from perusal of the office report dated 27.01.2026, it would
manifest that the notice has been validly served upon the
respondent no. 2, but then the respondent no. 2 despite
receiving notice chooses not to appear and contest. It is next
submitted that appellants are persons with clean antecedent
and the informant alleges that on 26.01.2025 at 04:00 PM, he
was going to village, Dhamaniya when he was intercepted by
the appellants along with 5 unknown accused and they abused
him by taking caste name on the pretext that why he was
going through their village, on objection, Shivnath assaulted
by rod causing injury on head, while Shivam snatched his
chain and Rishi tried to strangulate him by wrapping muffler
around his neck.
4. Learned counsel for the appellants submits that
appellants have been falsely implicated in the instant case by
the informant. It is next submitted that from perusal of the
Patna High Court CR. APP (SJ) No.1509 of 2025(4) dt.04-02-2026
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allegation as alleged in the FIR, it would manifest that
allegation of abuse is general and omnibus in nature. It is next
submitted that though it is alleged that Shivnath @
Vishwanath assaulted the informant on head by rod causing
injury, but then no such injury was caused. It is also submitted
that this perhaps explains why the informant despite receiving
notice chooses not to appear and contest. It is further
submitted that as far as allegation against appellant nos. 2 and
3 is concerned, the same is general, omnibus and ornamental
in nature.
5. Learned Spl. P.P. for the State opposes the
appeal.
6. In view of the submissions made by the learned
counsel for the appellants, the order dated 19.03.2025 in
A.B.P. No. 68 of 2025 passed by the learned Exclusive
Special Judge S.C./S.T. (POA) Act, Gaya in connection with
Sherghati P.S. Case No. 45 of 2025, is hereby set aside and
the appellants above-named, in the event of their arrest or
surrender before the learned Court below within a period of
six weeks from today, be released on anticipatory bail on
furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand)
with two sureties of the like amount each to the satisfaction of
Patna High Court CR. APP (SJ) No.1509 of 2025(4) dt.04-02-2026
4/4
the learned court below where the case is pending/successor
court in connection with Sherghati P.S. Case No. 45 of 2025
subject to the conditions as laid down under Section 482 (2)
of the BNSS.
7. Accordingly, the appeal stands allowed.
8. Pending application(s), if any, shall also stand
disposed of.
(Satyavrat Verma, J)
Rishabh/-
U T
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