Created by Fuzzy Cloud

Patna High Court

Chandra Shekhar Singh @ Timal SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The High Court set aside the order rejecting anticipatory bail and granted bail to the appellant, subject to conditions.

Summary

The appellant, Chandra Shekhar Singh, was charged under several provisions of the Bharatiya Nyaya Sanhita and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly assaulting an informant with a stick, fists and leg, abusing him with caste slurs and taking Rs.1,500. The Special SC/ST Judge had rejected his anticipatory bail application. On appeal, the appellant argued that the dispute was a petty village quarrel, the allegations were vague, there was no specific overt act proved, the incident was not in public view, and he had a clean antecedent. The High Court, considering the nature of the accusation and the appellant’s clean record, held that bail could be granted on condition of surrender within eight weeks and furnishing bail bonds with sureties. Consequently, the appellate court set aside the lower court’s order rejecting bail, allowing the appellant’s anticipatory bail.

Issues considered

  • Whether the allegations of assault and caste-based abuse under the SC/ST (Prevention of Atrocities) Act justify denial of anticipatory bail.
  • Whether the lack of specific overt act and the private nature of the alleged incident preclude the application of the SC/ST Act.
  • Whether the appellant’s clean antecedent warrants the grant of bail despite the serious charges.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • assault
  • caste discrimination
  • criminal procedure
  • bail conditions
  • clean antecedent

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.2574 of 2025
                        Arising Out of PS. Case No.-31 Year-2025 Thana- MANJHI District- Saran
                 ======================================================
                 Chandra Shekhar Singh @ Timal Singh S/O Late Ram Vilas Singh @ Belas
                 Singh R/O Village-Bhajauna, PS-Manjhi, Distt-Saran

                                                                                   ... ... Appellant/s
                                                    Versus
                 1. The State of Bihar
                 2. Krishna Basfor, Son of Late Nayak Basfor, R/v- Bigha, PS Manjhi,
                    District- Saran

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Gajendra Kumar, Advocate
                 For the Respondent/s    :        Mr. Binay Krishna, Spl. Public Prosecutor
                 For the R.No. 2         :        Mr. Dhiraj Kumar, Mr. Rajesh Kumar, Advocates
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

6   12-03-2026                  Heard learned counsel for the appellant, respondent

                   no. 2 and the State.

                               2. This appeal has been filed against the order dated

                   21.03.2025 passed by learned SC/ST Special Judge, Chapra,

                   Saran in ABP No. 775 of 2025 arising out of Manjhi P.S. Case

                   No. 31 of 2025, registered under Sections 115(2), 126(2),

                   118(1), 303(2), 352, 351(2), 351(3)/(5) of the Bharatiya Nyaya

                   Sanhita and Section 3(1)(r)(s) of Scheduled Castes and

                   Scheduled Tribes (Prevention of Atrocities) Act, whereby the

                   prayer for anticipatory bail of appellant has been rejected.

                               3. As per F.I.R., this appellant along with one other

                   named accused person and two unknown miscreants are alleged
Patna High Court CR. APP (SJ) No.2574 of 2025(6) dt.12-03-2026
                                             2/3




          to have assaulted informant by means of lathi, danda, fists and

          leg while he was grazing his pig behind the house of one Ram

          Chandra Yadav. It is further alleged that all the accused persons

          abused informant by caste name and this appellant took Rs.

          1,500/- from his pocket.

                       4. Learned counsel for the appellant submits that both

          parties are co-villagers and due to petty dispute this false and

          concocted case has been lodged against the appellant. Allegation

          of assault is general and omnibus and there is no allegation of

          any specific overt act against the appellant. It is not the case of

          informant that the alleged incident occurred within public view

          and as such, no case under SC/ST Act is made out against the

          appellant. Appellant claims clean antecedent.

                       5. Learned Spl. Public Prosecutor for the State as well

          as learned counsel for the respondent no. 2 vehemently opposed

          the bail application.

                       6. Considering the nature of accusation and clean

          antecedent, let the appellant, as named above, in the event of his

          arrest/surrender within a period of eight weeks from today, be

          enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten

          thousand) with two sureties of the like amount each to the

          satisfaction of learned SC/ST Special Judge, Chapra, Saran in
              Patna High Court CR. APP (SJ) No.2574 of 2025(6) dt.12-03-2026
                                                           3/3




                        ABP No. 775 of 2025 arising out of Manjhi P.S. Case No. 31 of

                        2025.

                                     7. Accordingly, this criminal appeal is allowed and

                        impugned order dated 21.03.2025 is set aside with respect to

                        this appellant only.



                                               (Prabhat Kumar Singh, J)
Navya/-

U         T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.