Patna High Court
Ashok Singh @ Ashok Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRAVEEN KUMAR
Holding
The appellants are entitled to anticipatory bail; the order rejecting their bail application is set aside.
Summary
The appellants, Ashok Singh and Bittu Kumar, were charged under the SC/ST (Prevention of Atrocities) Act and several IPC provisions for assaulting an informant and her family during a land dispute, including use of caste slurs, physical violence, and theft. They sought anticipatory bail, arguing they have clean antecedents, the FIR was lodged three days after the incident without explanation, the alleged caste abuse was not in public view, and the injuries were not grievous. The Special Judge had rejected their bail application. The High Court, considering the delay in filing the FIR, the private nature of the alleged abuse, and the appellants' clean record, held that anticipatory bail should be granted subject to conditions. Consequently, the order rejecting bail was set aside and the appellants were released on bail upon surrender. The decision rests on interpreting Section 14A(2) of the SC/ST Act in conjunction with provisions of the Code of Criminal Procedure.
Issues considered
- Whether the appellants are entitled to anticipatory bail under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
- Whether the nature of the alleged offence (private vs public view) and the delay in lodging the FIR justify granting bail.
- Whether the injuries sustained qualify as grievous under the IPC, affecting bail considerations.
Legislation cited
- Criminal Procedure Code — s. 438(2), 482(2)
- Indian Penal Code — s. 115(2), 118(2), 126(2), 303(2), 351(2), 351(3), 352
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14A(2), 3(1)(r)(s)
Subjects
- anticipatory bail
- SC/ST Act
- caste based violence
- land dispute
- assault
- theft
- criminal procedure
- public view
- delay in FIR
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2490 of 2025
Arising Out of PS. Case No.-240 Year-2025 Thana- SONEPUR District- Saran
======================================================
1. Ashok Singh @ Ashok Kumar Singh S/O Late Yogendra Singh Resident of
Village- Naya Tola, Mirjapur, PS- Sonpur,Distt-Saran,Bihar
2. Bittu Kumar @ Ankit Kumar @ Bittu S/O Ashok Singh @ Ashok Kumar
Singh Resident of Village- Naya Tola, Mirjapur, PS- Sonpur,Distt-
Saran,Bihar
... ... Appellant/s
Versus
1. The State of Bihar
2. Nirmala Devi D/O Late Vimal Paswan Resident of Village- Naya Tola,
Mirjapur, PS- Sonpur,Distt-Saran,Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Prakash Chandra, Advocate
For the Respondent No. 2 : Mr. Shakti Suman Kr. Advocate
Mr. Akshay Tripathi, Advocate
For the State : Ms. Usha Kumari 1, Spl PP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
4 25-02-2026 Heard learned counsel for the appellants, learned
counsel for the Respondent No. 2 and learned Special Public
Prosecutor appearing for the State.
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
28.05.2025 passed by learned Special Judge, SC/ST (PoA) Act,
Chapra, Saran in A.B.P. No. 1667 of 2025 in connection with
Sonepur P.S. Case No. 240 of 2025, registered under Sections
126(2), 115(2), 303(2), 118(2), 352, 351(2), 351(3) 3(5) of the
Patna High Court CR. APP (SJ) No.2490 of 2025(4) dt.25-02-2026
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B.N.S read with Section 3(1)(r)(s) of Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, whereby the
prayer for grant of anticipatory bail of the appellant has been
rejected.
3. As per the prosecution case, on 14.03.2025
around 03:00 o’clock, the appellants and the co-accused Mintu
Singh arrived at the informant’s house and due to a land dispute,
they began hurling caste based slurs at the informant. On being
opposed, all the accused persons started assaulting the informant
by means of iron rod due to which she sustained severe head
injury and they also assaulted Bhusan Paswan (brother of the
informant) due to which he became unconscious and fell on the
ground. When Sarita Devi came to rescue the informant, she
was also assaulted and Ashok Singh (appellant no. 1) snatched
her gold mangalsutra and Bittu Kumar (appellant no. 2) took
away cash of Rs. 3000/- from the house of Savita Devi. Co-
accused Mintu Singh assaulted other family members of the
informant by sword causing injuries to them. Thereafter, all
were taken to Sadar Hospita, Hajipur, for treatment.
4. Learned counsel appearing for the appellants
submits that the appellants bear clean antecedent and are
innocent. It is further submitted that there is a delay of three
Patna High Court CR. APP (SJ) No.2490 of 2025(4) dt.25-02-2026
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days in lodging the FIR without giving any plausible
explanation for the same. It has also been submitted that there
is a case and counter case between the parties. It has further
been submitted that it appears from the F.I.R. itself that there is
general and omnibus allegation levelled against the appellants to
have assaulted the informant and her brother. It has also been
submitted that the injuries which are sustained by the injured are
not grievous in nature. As regards allegation of abuse with the
caste name attracting the rigours of SC & ST Act is concerned,
it is not committed in a public place nor any person has been
named to be present at the place of occurrence when the alleged
offence of abuse was being committed. Hence, the impugned
order may be set aside and the appellants may be granted the
privilege of anticipatory bail.
5. Learned Special Public Prosecutor for the State
and learned counsel for the informant have vehemently opposed
the prayer for grant of anticipatory bail to the appellants.
6. Considering the entire facts and circumstances of
the case and the fact that the appellants bear clean antecedent
coupled with the facts that there is a delay of three days in
lodging the FIR and the allegation does not appear to be within
public view, let the above named appellants in the event of their
Patna High Court CR. APP (SJ) No.2490 of 2025(4) dt.25-02-2026
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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
the learned Special Judge, SC/ST (PoA) Act, Chapra, Saran, in
connection with Sonepur P.S. Case No. 240 of 2025, subject to
the conditions laid down under Section 482(2) of the
B.N.S.S/Section 438(2) of the Cr.P.C.
7. Accordingly, this appeal is allowed and the
impugned order dated 28.05.2025 rejecting the prayer for grant
of anticipatory bail to the appellants is, hereby, set aside.
(Praveen Kumar, J)
Jyoti/-
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