Patna High Court
Bir Bahadur Singh @ Bir 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 appellants.
Summary
The appellants, Bir Bahadur Singh and Dhanu Singh, were charged under several IPC sections and the SC/ST (Prevention of Atrocities) Act for allegedly stopping a fish seller's motorcycle, abusing him with caste slurs, assaulting him, and extorting Rs 10,000 and a mobile phone. They contended that the complainant had previously borrowed Rs 1.5 lakh from them and fabricated the case, emphasizing the one‑month delay in filing the FIR and their clean antecedent. The Additional Sessions Judge had rejected their anticipatory bail application. On appeal, the Patna High Court considered the nature of the accusations, the delay in lodging the FIR, and the appellants' clean record, and ordered that they be released on bail upon surrendering within eight weeks and furnishing bail bonds with sureties. Consequently, the High Court set aside the lower court’s order denying bail, thereby granting the appellants bail.
Issues considered
- Whether anticipatory bail should be granted to the accused despite allegations under the SC/ST (Prevention of Atrocities) Act and multiple IPC offences.
- Whether the delay in filing the FIR and the appellants' clean antecedent justify the grant of bail.
- Whether the alleged conduct constitutes an offence punishable under the SC/ST (Prevention of Atrocities) Act.
Legislation cited
- Indian Penal Code — s. 323, 341, 384, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r)(s), 3(2)(va)
Subjects
- anticipatory bail
- SC/ST (Prevention of Atrocities) Act
- Indian Penal Code
- delay in FIR
- extortion
- caste-based assault
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2832 of 2024
Arising Out of PS. Case No.-23 Year-2024 Thana- SC/ST District- Gopalganj
======================================================
1. Bir Bahadur Singh @ Bir Singh S/O Late Bishwanath Singh R/O Village-
Badheya, P.S.-Barauli,Distt-Gopalganj
2. Dhanu Singh @ Dhanu Kumar S/O Bir Bahadur Singh R/O Village-
Badheya, P.S.-Barauli,Distt-Gopalganj
... ... Appellant/s
Versus
1. The State of Bihar
2. Amresh Das S/O Rajnarayan Das R/O Village-Badheya, P.S.-Barauli,Distt-
Gopalganj
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Ms. Shubhangi Pandey, Advocate
For the Respondent/s : Ms. Usha Kumari 1, Spl. Public Prosecutor
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 15-01-2026 Despite filing Vakalatnama, none appears on behalf
of the respondent no. 2.
2. Heard learned counsel for the appellants and the
State.
3. This appeal has been filed against the order dated
18.05.2024 passed by learned Additional Sessions Judge XI-
cum Exclusive Special Judge, SC/ST Act, Gopalganj in ABP
No. 1167 of 2024 arising out of Gopalganj SC/ST P.S. Case No.
23 of 2024 registered under Sections 341, 323, 384, 504, 506 of
the Indian Penal Code and Section 3(1)(r)(s), 3(2)(va) of
Scheduled Castes and Scheduled Tribes (Prevention of
Patna High Court CR. APP (SJ) No.2832 of 2024(5) dt.15-01-2026
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Atrocities) Act, whereby the prayer for anticipatory bail of
appellants has been rejected.
4. As per F.I.R., on 3.01.2024 at about 8 PM, while
informant was returning home after selling fish and arrived near
the house of these appellants, they stopped motorcycle of the
informant, abused him by caste name, assaulted him with fists
and slaps and took Rs. 10,000/- and his mobile phone.
5. Learned counsel for the appellants submits that
appellants are innocent and have committed no offence. As a
matter of fact, informant had borrowed Rs. 1,50,000/- from the
appellants and to avoid repayment, this false and concocted case
has been lodged against the appellants. Allegation against
appellants is general and omnibus. F.I.R. has been lodged after
inordinate delay of more than one month without any plausible
explanation, which itself raises doubt over veracity of the
prosecution case. 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 appellants. Appellants claim
clean antecedent.
6. Learned Spl. Public Prosecutor for the State
vehemently opposed the bail application.
7. Considering the nature of accusation, delay in
Patna High Court CR. APP (SJ) No.2832 of 2024(5) dt.15-01-2026
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lodging the F.I.R. and clean antecedent, let the appellants, as
named above, in the event of their arrest/surrender within a
period of eight weeks from today, be enlarged on bail on
furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with
two sureties of the like amount each to the satisfaction of
learned Additional Sessions Judge XI-cum Exclusive Special
Judge, SC/ST Act, Gopalganj in ABP No. 1167 of 2024 arising
out of Gopalganj SC/ST P.S. Case No. 23 of 2024.
8. Accordingly, this criminal appeal is allowed and
impugned order dated 18.05.2024 is set aside with respect to
these appellants only.
(Prabhat Kumar Singh, J)
Navya/-
U T
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