Patna High Court
Ranjan Singh @ Rajan @ Rajan Singh @ RanjanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that no specific allegation of an overt act under the SC/ST Act was made against the appellant and, given his clean antecedent, anticipatory bail was warranted.
Summary
The appellant, Ranjan Singh, was charged in a case involving offences under several IPC sections and the SC/ST (Prevention of Atrocities) Act, and his anticipatory bail was denied by the SC/ST Exclusive Special Judge. The appellant contended that the specific charge of sexual assault pertained only to co‑accused Ankit Yadav and that there was no specific allegation of an overt act against him under the SC/ST Act, nor was the alleged incident in public view. The State and the second respondent opposed bail. The High Court, noting the lack of a specific accusation against the appellant and his clean antecedent, ordered that he be released on bail upon surrender within eight weeks, subject to a bond and sureties. Consequently, the appellate court set aside the lower court’s order as it applied only to the appellant. The criminal appeal was therefore allowed.
Issues considered
- Whether anticipatory bail should be granted to the appellant despite the charges under IPC and the SC/ST (Prevention of Atrocities) Act
- Whether the allegations against the appellant under the SC/ST Act constitute a specific offence warranting denial of bail
- Whether the appellant's clean antecedent justifies the grant of anticipatory bail
Legislation cited
- Indian Penal Code — s. 323, 34, 341, 354B, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r), 3(1)(s), 3(1)(w)
Subjects
- anticipatory bail
- SC/ST Act
- sexual assault
- assault
- clean antecedent
- criminal appeal
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2738 of 2024
Arising Out of PS. Case No.-41 Year-2024 Thana- TARAIYA District- Saran
======================================================
Ranjan Singh @ Rajan @ Rajan Singh @ Ranjan S/o- Subhash Singh village-
Chanchaliya Ps- Taraiya Dist- Saran ... ... Appellant/s
Versus
1. The State of Bihar
2. Savita Devi D/o- Late Lalu Ram Village- Chanchaliya Ps- Tariya Dist- Saran
at Chapra
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Nawal Kishore Singh, Advocate
For the Respondent/s : Mr. Sadanand Paswan, Spl. Public Prosecutor
Mr. Anjani Parashar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 15-01-2026 Heard learned counsel for the appellant, respondent
no. 2 and the State.
2. This appeal has been filed against the order dated
26.04.2024 passed by learned SC/ST Exclusive Special Judge,
Saran at Chapra in ABP No. 1220 of 2024 arising out of Taraiya
P.S. Case No. 41 of 2024 registered under Sections 341, 323,
504, 506, 354B, 34 of the Indian Penal Code and Section 3(1)(r)
(s)(w) 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., co-accused Ankit Yadav tried to
commit rape with the informant and other accused persons
assaulted her with fists and slaps and abused her by caste name.
4. Learned counsel for the appellants submits that
Patna High Court CR. APP (SJ) No.2738 of 2024(5) dt.15-01-2026
2/2
specific accusation of sexual assault is against co-accused Ankit
Yadav. Allegation of assault is general and omnibus and there is
no specific accusation of any overt act against the appellant. It is
not the case of informant that 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 Exclusive Special Judge, Saran at
Chapra in Taraiya P.S. Case No. 41 of 2024.
7. Accordingly, this criminal appeal is allowed and
impugned order dated 26.04.2024 is set aside with respect to this
appellant only.
(Prabhat Kumar Singh, J)
Navya/-
U T
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