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Patna High Court

Ramjee Singh @ Ramjee Prasad SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appellate court set aside the order rejecting anticipatory bail and granted bail to the appellants subject to conditions under Section 438(2) of the Criminal Procedure Code.

Summary

The appellants, Ramjee Singh and Kundal Singh, were charged under IPC sections 341, 504, 506 and 34 and Sections 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly forcing entry into a house, assaulting the informant's brother and using caste-based abuse. They applied for anticipatory bail, which was rejected by the Special Judge. On appeal under Section 14A(2) of the SC/ST Act, the High Court noted the appellants' clean antecedent, the thirteen‑day delay in filing the FIR, and the absence of any specific caste name in the allegations. Considering these factors, the Court held that anticipatory bail could be granted subject to conditions under Section 438(2) of the Cr.P.C. The appeal was allowed and the order rejecting bail was set aside.

Issues considered

  • Whether the alleged conduct falls within the ambit of the SC/ST (Prevention of Atrocities) Act, particularly Sections 3(1)(r)(s).
  • Whether anticipatory bail should be granted despite the FIR being lodged after a delay and the lack of a specific caste name in the complaint.
  • Whether the Special Judge's order rejecting anticipatory bail is legally sustainable.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • caste based violence
  • delay in FIR
  • clean antecedent
  • Criminal Procedure Code
  • Indian Penal Code
  • bail conditions

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.2009 of 2024
                        Arising Out of PS. Case No.-66 Year-2024 Thana- SAHPUR District- Patna
                 ======================================================
           1.     Ramjee Singh @ Ramjee Prasad Singh SON OF Shyamala Singh
                  VILLAGE- DEFENCE COLONY, PS- SHAHPUR, DIST- PATNA
           2.    Kundal Singh @ Kundan Singh @ Kundan Kumar Singh Son Of Late
                 Shivjee Singh Village- Defence Colony, Ps- Shahpur, Dist- Patna

                                                                                  ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    KIRAN KUMARI WIFE OF RAVINDRA KUMAR RAM VILLAGE-
                 DEFENCE COLONY, PS- SHAHPUR, DIST- PATNA

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Ashok Kumar Jha, Advocate
                 For the Respondent/s    :        Mr. Binay Krishna, Spl.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

4   12-02-2026                    Heard learned counsel for the appellants and

                   learned Special Public Prosecutor appearing for the State.

                   Although the notice has been validly served upon respondent

                   No.2, there is no representation on his behalf.

                                  2. This appeal under Section 14A(2) of the

                   Scheduled Castes and Scheduled Tribes (Prevention of

                   Atrocities) Act, 1989 has been directed against the order dated

                   01.04.2024 passed by learned Special Judge, SC/ST (PoA) Act,

                   Patna, in ABP no. 945 of 2024 in connection with Shahpur P.S.

                   Case No. 66 of 2024 registered under Sections 341, 504, 506

                   and 34 of the Indian Penal Code read with Sections 3(1)(r)(s) of
Patna High Court CR. APP (SJ) No.2009 of 2024(4) dt.12-02-2026
                                             2/3




          Scheduled Castes and Scheduled Tribes (Prevention of

          Atrocities) Act, 1989, whereby the prayer for grant of

          anticipatory bail of the appellants has been rejected.

                          3. As per the prosecution case, the informant

          alleged that the appellants and co-accused persons along with

          some unknown persons forcibly entered the house of the

          informant, when the informant’s brother intervened they started

          assaulting her brother and also abused by taking caste name and

          threatened to kill. Thereafter, nearby people came and saved

          them.

                          4. Learned counsel for the appellants submits that

          the appellants, who are of clean antecedent, are innocent and

          have not committed any offence. It is further submitted that

          there is a delay of thirteen days in lodging the FIR. He further

          submits that it appears from the F.I.R. itself that there is general

          and omnibus allegation against all the appellants. Learned

          counsel has further submitted that no particular caste name has

          been called by the appellants, hence no case is made out under

          section SC/ST Act. It is further submitted that there is no

          specific allegation of assault against the appellants. Hence, the

          impugned order may be set aside and the appellants may be

          granted the privilege of anticipatory bail.
           Patna High Court CR. APP (SJ) No.2009 of 2024(4) dt.12-02-2026
                                                        3/3




                                     5. Learned Special Public Prosecutor for the State

                     has vehemently opposed the prayer for grant of anticipatory bail

                     to the appellants and submitted that the appellants are actively

                     involved in the present occurrence.

                                     6. Considering the entire facts and circumstances of

                     the case and also the fact that the appellants bear clean

                     antecedent coupled with the fact that there is delay in lodging

                     the FIR, let the above named appellants, in the event of their

                     arrest/surrender within a period of six weeks, be released on bail

                     on furnishing bail bond of Rs. 10,000/- (Ten thousand) each

                     with two sureties of the like amount each to the satisfaction of

                     learned Special Judge, SC/ST (PoA) Act, Patna, in connection

                     with Shahpur P.S. Case No. 66 of 2024 subject to the conditions

                     laid down under Section 438(2) of the Cr.P.C.

                                  7. Accordingly, this appeal is allowed and the

                     impugned order dated 01.04.2024 rejecting the prayer for grant

                     of anticipatory bail to the appellants is set aside.



                                                (Praveen Kumar, J)
shivam/-
U      T


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