Patna High Court
CHUNNU SINGHversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
Holding
The order refusing anticipatory bail is set aside and the appellants are granted anticipatory bail subject to conditions.
Summary
The appellants, four individuals from East Champaran, appealed to the Patna High Court under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the Special Judge's refusal to grant anticipatory bail in a case involving alleged assault, robbery and other offences under the IPC and the SC/ST Act. They argued that the notice was validly served to the brother of the second respondent and that a jointness application had been filed, rendering the service effective. The appellants contended they have clean antecedents and were falsely implicated, noting that the informant’s FIR did not allege any caste-based abuse. The State opposed the appeal. The High Court held that the lower court's order refusing anticipatory bail was untenable, set it aside, and granted anticipatory bail subject to bail bonds and sureties, invoking its powers under Section 482(2) of the Criminal Procedure Code. Consequently, the appeal was allowed.
Issues considered
- Whether the refusal of anticipatory bail under Section 14-A(2) of the SC/ST Act is justified in the present facts.
- Whether service of notice to the brother of the respondent and filing of a jointness application constitute valid service.
- Whether the allegations in the FIR disclose an offence punishable under the SC/ST Act (caste-based atrocity).
- Whether the appellants are entitled to anticipatory bail under the inherent powers of the High Court under Section 482 of the CrPC.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 323, 34, 341, 379, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14-A(2), 3(i)(r)(w), 3(i)(va)
Subjects
- anticipatory bail
- SC/ST Act
- Section 14-A
- notice service
- false implication
- caste atrocity
- Criminal Procedure Code
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2900 of 2023
Arising Out of PS. Case No.-41 Year-2023 Thana- KOTWA District- East Champaran
======================================================
1. CHUNNU SINGH son of Late Shri Ram Singh Village- Saraiya Po Ps-
Kotwa Dist- E. Champaran
2. Sanam Singh son of Aashu Singh Village- Jasouli Patti, Po Ps- Kotwa Dist-
E. Champaran
3. Arjun Singh son of Awadhesh Singh Village- Jasouli Patti, Po Ps- Kotwa
Dist- E. Champaran
4. Bipul Singh son of Ashok Kumar Singh Village- Jasouli Patti, Po Ps- Kotwa
Dist- E. Champaran
... ... Appellant/s
Versus
1. The State of Bihar
2. Lal Mohan Kumar son of Ram Awadhesh Das Village- Jasouli Patti, Po Ps-
Kotwa Dist- E. Champaran
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Pravin Kumar, Advocate
For the Respondent/s : Ms. Usha Kumari 1, Special PP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 24-03-2026 1. Heard learned counsel for the appellants, learned
Spl. P.P. for the State, Ms. Usha Kumari 1.
2. This is an appeal under Section 14-A(2) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST
Act”) against the refusal of prayer for anticipatory bail vide
order dated 24.05.2023 in A.B.P. No. 977 of 2023 passed by the
learned Special Judge S.C./S.T. (POA) Act, East Champaran in
connection with Kotwa P.S. Case No. 41 of 2023 registered for
the offences punishable under Sections 341, 323, 379, 504, 506
and 34 of the Indian Penal Code as well as Sections 3(i)(r)(w)
Patna High Court CR. APP (SJ) No.2900 of 2023(4) dt.24-03-2026
2/3
and 3(i)(va) of the SC/ST Act.
3. The learned counsel for the appellants submits
that notice was received by the brother of the respondent no. 2,
as would manifest from the office report dated 27.09.2023 and a
jointness application has been filed, since the notice was
received by the brother of the respondent no. 2 and a jointness
application has been filed, as such, the notice is deemed to be
validly served.
4. The learned counsel for the appellants next
submits that respondent despite receiving notice chooses not to
appear and contest.
5. Learned counsel for the appellants submits that
appellants are persons with clean antecedent and the informant
alleges that on 2.02.2023 at 04:00 PM he was retuning home
when he was intercepted by the appellants who abused and
assaulted him and snatched Rs. 7,000/- from his pocket.
6. Learned counsel for the appellants submits that
appellants have been falsely implicated in the instant case by the
informant. It is next submitted that from perusal of the
allegation as alleged in the FIR, it would manifest that
informant and the appellants were known, but then no specific
allegation of abuse and assault is alleged against the appellants.
Patna High Court CR. APP (SJ) No.2900 of 2023(4) dt.24-03-2026
3/3
It is also submitted that the informant does not allege that he
was abused by caste name.
7. Learned Spl. P.P. for the State opposes the
appeal.
8. In view of the submissions made by the learned
counsel for the appellants, the order dated 24.05.2023 in A.B.P.
No. 977 of 2023 passed by the learned Special Judge S.C./S.T.
(POA) Act, East Champaran in connection with Kotwa P.S.
Case No. 41 of 2023, is hereby set aside and the appellants
above-named, in the event of their arrest or surrender within a
period of six weeks from today, be released on anticipatory bail
on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand)
with two sureties of the like amount each to the satisfaction of
the learned court below where the case is pending/successor
court in connection with Kotwa P.S. Case No. 41 of 2023
subject to the conditions as laid down under Section 482 (2) of
the BNSS.
9. Accordingly the appeal stands allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
Checking your session…