Patna High Court
Lalan Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRAVEEN KUMAR
Holding
The appellate court set aside the order rejecting anticipatory bail and granted bail to the appellant subject to bond and surety conditions.
Summary
The appellant, Lalan Kumar Singh, was charged under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 for allegedly forcefully vacating land, assaulting and threatening the complainant, Jira Devi, in a dispute over a land sale agreement. The trial court denied his prayer for anticipatory bail. On appeal, the appellant argued that the matter was essentially a civil dispute over a sale deed, that he had a clean antecedent, and that the alleged caste‑based abuse did not occur in public view. The prosecution contended that the appellant had taken money and failed to execute the deed, justifying denial of bail. The High Court, considering the clean antecedent, the civil nature of the underlying dispute, the appellant’s willingness to settle, and the lack of public caste abuse, granted anticipatory bail subject to bond and surety conditions, setting aside the lower court’s order. The appeal was therefore allowed.
Issues considered
- The applicability of anticipatory bail under Section 14A(2) of the SC/ST (Prevention of Atrocities) Act in a case arising from a land‑sale dispute.
- Whether the alleged caste‑based abuse constitutes an offence under the SC/ST Act given it was not committed in a public place.
- Whether the appellant’s clean antecedent and willingness to settle justify granting bail despite the pending criminal charges.
Legislation cited
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14A(2), 3(1)(f), 3(1)(r), 3(1)(s), 3(1)(w), 3(2)(va)
Subjects
- anticipatory bail
- SC/ST Act
- land dispute
- caste based violence
- clean antecedent
- settlement
- public place requirement
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2523 of 2025
Arising Out of PS. Case No.-12 Year-2025 Thana- SC/ST District- Saran
======================================================
Lalan Kumar Singh S/o- Late Kedar Nath Singh R/o - Rasalpur, P.O -
Rasalpur, P.S - Doriganj, District - Saran
... ... Appellant/s
Versus
1. The State of Bihar
2. Jira Devi W/o- Jitendra Paswan Village Po- Rasalpur Ps- Doriganj Dist-
Saran
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Sanjay Kumar Jha, Advocate
For the Respondent/s : Mr. Sadanand Paswan, Spl.PP
For the Respondent No.2: Ms. Neha Kumari, Advocate
Mr. Rahul Kumar, Advocate
Mr. Anuj Kumar Shrivastava, Advocate
Mr. Rajnish Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
4 26-02-2026 Heard learned counsel for the appellant, 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
13.05.2025 passed by learned Court of SC/ST Exclusive Special
Judge, Saran at Chapra in A.B.P. No. 1506 of 2025 arising out
of SC/ST P.S. Case No. 12 of 2025 registered under Sections
126(2), 115(2), 318(4), 351(2), 351(3), 352 and 3(5) of B.N.S.
and Sections 3(1)(f)(r)(s)(w) and 3(2)(va) of Scheduled Castes
Patna High Court CR. APP (SJ) No.2523 of 2025(4) dt.26-02-2026
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and Scheduled Tribes (Prevention of Atrocities) Act, 1989,
whereby the prayer for grant of anticipatory bail of the appellant
has been rejected.
3. As per the prosecution case, the informant
alleged that on 02.03.2025, an occurrence of forcefully vacating
the land, assaulting and threatening has taken place with her and
her family members. The occurrence has been given effect by
Lalan Singh. In this quarrel, people of his community abused
her by taking caste name, assaulted and threatened. The
informant had entered into an agreement with Lalan Singh on
21.07.2023 with respect to a piece of land in Mauza
Dharampura, Thana No. 305, Anchal Chapra Sadar, Khata No.
14, Survey No. 364 and Area 10 dhurs. The informant has paid
Rs. 2,20,000/- as per agreement and even after receiving the
entire payment, the appellant has not executed the registered
deed. After making payment, she has built a house on the land in
question. The informant was taken to Doriganj police station on
19.03.2025, where the appellant and others were there and she
was ill-treated by the S.H.O. and driven out.
4. Learned counsel appearing for the appellant
submits that the appellant, who bears clean antecedent, is
innocent and has not committed the offence alleged. It has been
Patna High Court CR. APP (SJ) No.2523 of 2025(4) dt.26-02-2026
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further submitted that the matter arises out of dispute between
the parties over an agreement to sell and the best course of
action for the respondent No.2 would have been to file a title
suit for specific performance of contract before the competent
court of civil jurisdiction. Upon instruction, it is submitted that
the appellant is ready for settlement. As regards allegation of
abuse with the caste name attracting the rigours of SC & ST Act
is concerned, it is not committed in 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. Learned
counsel for the appellant further submits that in the backdrop of
serious land dispute, the appellant has been falsely implicated in
this case. Hence, the impugned order may be set aside and the
appellant may be granted the privilege of anticipatory bail.
5. Learned Special Public Prosecutor for the State
as well as learned counsel for the respondent No.2 have
vehemently opposed the prayer for grant of anticipatory bail to
the appellant and submitted that even after taking money, the
appellant has not executed the sale deed in favour of the
informant.
6. Considering the entire facts and circumstances of
the case and also the fact that the appellant bears clean
Patna High Court CR. APP (SJ) No.2523 of 2025(4) dt.26-02-2026
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antecedent, coupled with the fact that as per the narrations in the
FIR, the dispute primarily arises out of an agreement and the
appellant is ready to settle the dispute before the competent
forum and that the alleged abuse is not committed within public
view, let the above named appellant, in the event of his
arrest/surrender within a period of six weeks, 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 the learned
Court of SC/ST Exclusive Special Judge, Saran at Chapra, in
connection with SC/ST P.S. Case No. 12 of 2025 subject to the
conditions laid down under Section 482(2) of the B.N.S.S.
7. Accordingly, this appeal is allowed and the
impugned order dated 13.05.2025 rejecting the prayer for grant
of anticipatory bail to the appellant is set aside.
(Praveen Kumar, J)
shivam/-
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