Patna High Court
Algu SahversusThe 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 Algu Sah and Krishna Kumar Gupta were charged under several IPC sections (341, 323, 379, 427, 504, 506) and Section 3(1)(r)(w) of the SC/ST Act for allegedly assaulting a man, attempting to outrage his wife's modesty, using caste slurs, and stealing a gold mangalsutra and cash. They sought anticipatory bail, which was denied by the Additional Sessions Judge. On appeal, the counsel argued that the case was false, motivated by political rivalry, the FIR was filed after an unexplained four‑day delay, and no public presence meant the SC/ST provisions were inapplicable. The Patna High Court, noting the clean antecedent of the accused and the circumstances, set aside the lower court’s order, allowed the appeal, and granted bail on a bond with two sureties. The appellants were released on bail pending further trial.
Issues considered
- Whether anticipatory bail should be granted to the accused under the IPC charges and the SC/ST Act.
- Whether the allegations under Section 3(1)(r)(w) of the SC/ST Act are sustainable given the alleged absence of public presence.
- Whether the four‑day delay in filing the FIR affects the validity of the prosecution’s case.
- Whether political rivalry can render the complaint false and impact bail considerations.
Legislation cited
- Indian Penal Code — s. 323, 341, 379, 427, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r)(w)
Subjects
- anticipatory bail
- IPC
- SC/ST Act
- assault
- theft
- political rivalry
- caste based offence
- bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1770 of 2024
Arising Out of PS. Case No.-66 Year-2024 Thana- MOHANIYA District- Kaimur (Bhabua)
======================================================
1. Algu Sah Son of Late Rogi Sah Resident of Village- Usari, P.S. Mohania,
District- Kaimur at Bhabhua
2. Krishna Kumar Gupta @ Mukesh Kumar Gupta @ Tiger Son of Algu Sah
Resident of Village- Usari, P.S. Mohania, District- Kaimur at Bhabhua
... ... Appellant/s
Versus
1. The State of Bihar
2. Jiwan Kumar Son of Sri Gulabchand Ram Resident of Village- Usari, P.O.-
Akodi, P.S. Mohania, District- Kaimur at Bhabhua
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Pawan Kumar Singh, Advocate
For the Respondent/s : Mr. Binay Krishna, SPP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
6 29-01-2026 Heard learned counsel for the appellants and learned
Special P.P. for of the State.
2. This appeal has been filed against the order dated
04.03.2024 passed by learned I/c Additional Sessions Judge-1,
Kaimur at Bhabhua, in connection with Mohania P.S. Case No.
66 of 2024, registered under Sections 341, 323, 379, 427, 504,
506 of the IPC and Section 3(1)(r)(w) of Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act (for short
“SC/ST Act”), whereby the prayer for anticipatory bail of
appellants have been rejected.
Patna High Court CR. APP (SJ) No.1770 of 2024(6) dt.29-01-2026
2/3
3. As per prosecution case, informant alleged that on
18.01.2024, the accused persons including the appellants
assaulted informant’s brother and tried to outrage the modesty
of informant’s brother’s wife. It is further alleged that the
accused persons abused them by caste name and looted gold
Mangalsutra along with Rs. 10,500/- cash.
4. Learned counsel for the appellant submits that both
the parties are co-villagers and due to political rivalry this false
case with concocted story has been lodged. The FIR is lodged
after delay of 4 days without explanation of delay. Allegation of
assault is general and omnibus. It is not the case of informant
that any member of public was present and hence, no case of
SC/ST Act is made out against the appellants.
5. Learned counsel for the learned Spl. Public
Prosecutor for the State opposed the appeal of the appellants.
6. However, considering the aforesaid facts and
circumstances and clean antecedent, the impugned order dated
04.03.2024 is, hereby, set aside and this criminal appeal is
allowed.
7. Let the appellants, as named above, be released on
bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with
two sureties of the like amount each to the satisfaction of
Patna High Court CR. APP (SJ) No.1770 of 2024(6) dt.29-01-2026
3/3
learned I/c Additional Sessions Judge-1, Kaimur at Bhabhua in
connection with Mohania P.S. Case No. 66 of 2024.
(Prabhat Kumar Singh, J)
khushbu/-
U T
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