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Patna High Court

Bir Bahadur Singh @ Bir SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                             2/3




          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
                                                           3/3




                        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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