Patna High Court
RITESH KUMAR @ AZADversusTHE 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, 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
- Indian Penal Code — s. 307, 323, 341, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(1)(r)(s)
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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