Patna High Court
Aditya Kumar Singh @ Aditya Singh@Aditya KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
Holding
The appellate court set aside the refusal of anticipatory bail and granted bail to the appellant.
Summary
The appellant, Aditya Kumar Singh, a young man of about 18‑19 years, was charged with assault and caste‑based abuse after an incident at a temple, alleged under several sections of the Bihar National Security Act, 2023 and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. He applied for anticipatory bail, which was denied by the Special Judge. The appellant appealed under Section 14‑A(2) of the SC/ST Act, arguing his clean antecedent, the non‑specific nature of the abuse allegation, and the simple injury suffered by the informant. The State and the informant’s counsel could not refute these points. The Patna High Court set aside the lower court’s order, granted anticipatory bail with a Rs.5,000 bond and two sureties, subject to conditions under Section 482(2) of the Bihar National Security Act, and allowed the appeal.
Issues considered
- Whether anticipatory bail should be granted in a case involving offences under the SC/ST Act and the Bihar National Security Act.
- Whether the allegations of caste‑based abuse and assault are sufficiently specific to justify denial of bail.
- Whether the appellant’s age, clean antecedent, and the nature of the alleged injury warrant the grant of bail.
Legislation cited
- Bihar National Security Act, 2023 — s. 109, 115(2), 126(2), 190, 191(2), 352, 482(2)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14-A(2), 3(1)(r), 3(1)(s)
Subjects
- anticipatory bail
- SC/ST Act
- caste based violence
- assault
- juvenile offender
- Section 14-A
- Section 482
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.267 of 2026
Arising Out of PS. Case No.-375 Year-2025 Thana- DALSINGHSARAI District- Samastipur
======================================================
Aditya Kumar Singh @ Aditya Singh@Aditya Kumar Son of Madho Singh
@ Vinay Kumar Resident of ward number 14, Village- Shambhua, Kamraon
Tol, P.S- Dalsingsarai, District- Samastipur.
... ... Appellant/s
Versus
1. The State of Bihar
2. Chandan Kumar Mahto Son of Laxmi Mahto Resident of Village-Kamraon,
Near Durga Mandir, Panchyat Bhavan, P.S- Dalsingsarai, District-
Samastipur
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Mritunjay Kumar, Advocate
For the Respondent/s : Mr. Sadanand Paswan, Special PP
For the Informant : Ms. Rani Shashi Bharti, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 29-06-2026 1. Heard learned counsel for the appellant, learned
Special P.P. for the State, Mr. Sadanand Paswan and the learned
counsel appearing on behalf of the informant.
2. This is an appeal under Section 14-A(2) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST
Act”) against the refusal of prayer for anticipatory bail vide
order dated 22.12.2025 in A.B.P. No. 3014 of 2025 passed by
the learned Special Judge S.C./S.T. (POA) Act, Samastipur in
connection with Dalsingsarai P.S. Case No. 375 of 2025
registered for the offences punishable under Sections 191(2),
Patna High Court CR. APP (SJ) No.267 of 2026(4) dt.29-06-2026
2/4
190, 126(2), 115(2), 109 and 352 of the BNS, 2023 as well as
Sections 3(1) (r) and 3(1)(s) of the SC/ST Act.
3. Learned counsel for the appellant submits that
appellant is a person with clean antecedent and is a young boy
aged 18-19 years and the informant alleges that on 30.09.2025
he had gone to the temple at 09:30 PM when Sonu and appellant
along with 8-10 unknown accused entered the temple wearing
slippers on which informant objected, thereafter accused
persons abused him by taking caste name and when members of
the Committee asked them to leave the temple premises, when
appellant while leaving the temple assaulted him by an iron
fighter causing injury on head.
4. Learned counsel appearing on behalf of the
appellant submits that appellant has been falsely implicated in
the instant case by the informant. It is next submitted that
appellant had earlier approached the Juvenile Court for getting
himself declared a juvenile, but then the said application was
rejected thereafter the appellant did not challenge the order by
which his plea of juvenility was rejected and thereafter moved
before the learned District Court seeking anticipatory bail which
came to be rejected and is impugned in the instant appeal. It is
further submitted that as far as allegation of abuse is alleged, the
Patna High Court CR. APP (SJ) No.267 of 2026(4) dt.29-06-2026
3/4
same is not specific. It is also submitted that it does not appear
probable that appellant along with other accused persons would
have abused the informant by taking caste name in one go. It is
next submitted that no doubt allegation of assault is alleged, but
then the same is exaggerated. It is further submitted that even
presuming what has been alleged is true without admitting then
the injury suffered by the injured has been opined to be simple
in nature and the blow is not alleged to have been repeated. It is
reiterated and submitted that appellant is a young boy aged
about 18-19 years and and is not a criminal and if he is sent to
judicial custody, his entire career would get jeopardized and
chances are bright that he may come in contact with hardened
criminals.
5. Learned Special P.P. for the State as well as the
learned counsel appearing on behalf of the informant opposes
the appeal, but then are not in a position to rebut the submission
of the learned counsel appearing on behalf of the appellant that
allegation of abuse is not specific and the blow is not alleged to
have been repeated and the informant suffered simple injury and
appellant is not a criminal.
6. In view of the submissions made by the learned
counsel for the appellant, the order dated 22.12.2025 in A.B.P.
Patna High Court CR. APP (SJ) No.267 of 2026(4) dt.29-06-2026
4/4
No. 3014 of 2025, is hereby set aside and the appellant above-
named, in the event of his arrest or surrender within a period of
six weeks from today, be released on anticipatory bail on
furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Trial Court where the case is pending/successor
court in connection with Dalsingsarai P.S. Case No. 375 of 2025
subject to the conditions as laid down under Section 482 (2) of
the BNSS.
7. Accordingly, the appeal stands allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.