Patna High Court
Chandra Shekhar Singh @ Timal SinghversusThe 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 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
- Bharatiya Nyaya Sanhita — s. 115(2), 118(1), 126(2), 303(2), 351(2), 351(3)/(5), 352
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r)(s)
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
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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
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