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Patna High Court

CHUNNU SINGHversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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


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