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Patna High Court

RITESH KUMAR @ AZADversusTHE STATE OF BIHAR

Decided
Disposal
ALLOWED

Holding

The High Court set aside the order rejecting anticipatory bail and granted bail to the appellants, holding that the compromise and the nature of the allegations do not sustain a case under the SC/ST Act.

Summary

The appellants, five residents of Bahadurpur village, were charged under several IPC sections and the SC/ST (Prevention of Atrocities) Act for allegedly assaulting an informant over a credit chicken dispute and extorting Rs.30,000. They applied for anticipatory bail, which was rejected by the Special Judge. The appellants contended that the dispute was a private loan matter, the assault allegation was fabricated, and the case was compromised on 1 April 2024. The respondent did not dispute the existence of the compromise. The Patna High Court, noting the compromise and lack of a public view of the alleged offence, set aside the order rejecting anticipatory bail and granted bail to the appellants upon furnishing bond and sureties. Consequently, the criminal appeal was allowed.

Issues considered

  • Whether anticipatory bail can be granted to the appellants despite charges under IPC sections 341, 323, 307, 504, 506 and the SC/ST (Prevention of Atrocities) Act.
  • Whether a compromise between the parties bars the prosecution under the SC/ST (Prevention of Atrocities) Act.
  • Whether the alleged assault constitutes an offence punishable under the SC/ST (Prevention of Atrocities) Act.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • compromise
  • criminal assault
  • IPC
  • bail
  • scheduled caste
  • scheduled tribe
  • criminal appeal

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.2834 of 2024
                     Arising Out of PS. Case No.-97 Year-2024 Thana- ATHMALGOLA District- Patna
                 ======================================================
           1.     Ritesh Kumar @ Azad Son Of Manoj Singh Resident Of Village -
                  Bahadurpur, P.S. - Athamalgola, District - Patna
           2.    Rishu Kumar Son Of Manoj Singh Resident Of Village - Bahadurpur, P.S. -
                 Athamalgola, District - Patna
           3.    Sarbjit Kumar @ Gaurav Son Of Sudarshan Singh Resident Of Village -
                 Bahadurpur, P.S. - Athamalgola, District - Patna
           4.    Ajeet Kumar @ Saurav @ Saurav Kumar Son Of Sudarshan Singh Resident
                 Of Village - Bahadurpur, P.S. - Athamalgola, District - Patna
           5.    Kundan Kumar Son Of Ram Janam Singh Resident Of Village - Bahadurpur,
                 P.S. - Athamalgola, District - Patna

                                                                                 ... ... Appellant/s
                                                      Versus
           1.    The State Of Bihar
           2.    Satendra Chaudhary Son Of Kedar Chaudhary Resident Of Village -
                 Bahadurpur, P.S. - Athamalgola, District - Patna

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Mr. Lal Babu Singh, Advocate
                 For the Respondent/s   :        Mr. Sadanand Paswan, Spl. Public Prosecutor
                                                 Mr. Harsh Kr. Singh, Mr. Subhash Kumar, Adv
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   15-01-2026                   Heard learned counsel for the appellants, respondent

                   no. 2 and the State.

                               2. This appeal has been filed against the order dated

                   14.05.2024 passed by learned Special Judge, SC/ST cum

                   Additional Sessions Judge-V, Patna in ABP No. 1543 of 2024

                   arising out of Athamalgola P.S. Case No. 97 of 2024 registered

                   under Sections 341, 323, 307, 504, 506 of the Indian Penal Code

                   and Section 3(1)(r)(s) of Scheduled Castes and Scheduled Tribes
Patna High Court CR. APP (SJ) No.2834 of 2024(4) dt.15-01-2026
                                             2/3




          (Prevention of Atrocities) Act, whereby the prayer for

          anticipatory bail of appellants has been rejected.

                       3. As per F.I.R., on 25.03.2024 at about 7:30 AM,

          these appellants came to the shop of informant and asked for the

          chicken on credit. Upon refusal, these appellants abused

          informant by caste name, assaulted him by means of iron rod

          and took away Rs. 30,000/- from the cash box.

                       4. Learned counsel for the appellants submits that

          both parties are co-villagers and as a matter of fact, informant

          had taken some friendly loan and when appellants demanded

          their money back, this false and concocted case has been lodged

          with a view to avoid repayment of the same. Allegation of

          assault is general and omnibus. 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.

          Moreover, both parties have entered into compromise on

          01.04.2024 vide Annexure-2.

                       5. Learned counsel for the respondent no. 2 does not

          dispute the contention made on behalf of the appellants

          regarding the compromise.

                       6. Considering the fact that matter has been

          compromised between the parties, let the appellants, as named
              Patna High Court CR. APP (SJ) No.2834 of 2024(4) dt.15-01-2026
                                                           3/3




                        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      Special

                        Judge, SC/ST cum Additional Sessions Judge-V, Patna in

                        Athamalgola P.S. Case No. 97 of 2024.

                                     7. Accordingly, this criminal appeal is allowed and

                        impugned order dated 14.05.2024 is set aside with respect to

                        these appellants only.



                                               (Prabhat Kumar Singh, J)
Navya/-

U         T


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