Patna High Court
SHYAM NARAIN SINGHversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The High Court allowed the appellant's anticipatory bail, setting aside the lower court’s order.
Summary
Shyam Narain Singh was charged under IPC sections 341, 323, 504, 506, 34 and the SC/ST (Prevention of Atrocities) Act for allegedly abusing and assaulting Saroj Devi after a dispute over a stray cow that damaged his wheat field. The trial court rejected his anticipatory bail application on 08‑08‑2022. Singh contended that no specific overt act of assault was proved and that the SC/ST provisions did not apply. The State, represented by a Special Public Prosecutor, opposed bail. The Patna High Court, after hearing both sides, ordered that Singh be released on bail upon furnishing a bond of Rs.10,000 with two sureties, provided he surrenders within eight weeks, and set aside the lower court’s order as it applied only to him.
Issues considered
- Whether the allegations against the appellant constitute an offence under the cited IPC sections and the SC/ST (Prevention of Atrocities) Act.
- Whether the appellant is entitled to anticipatory bail in view of the facts and the nature of the allegations.
- Whether the lower court erred in denying bail without finding a specific overt act of assault.
Legislation cited
- Indian Penal Code — s. 323, 34, 341, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(1)(r)(s)
Subjects
- anticipatory bail
- Indian Penal Code
- SC/ST Act
- caste discrimination
- bail jurisdiction
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3035 of 2022
Arising Out of PS. Case No.-115 Year-2022 Thana- RASULPUR District- Saran
======================================================
SHYAM NARAIN SINGH Son of Late Pratrika Singh Resident of village -
Surat Chapra, P.S.- Rasulpur, District - Saran at Chapra.
... ... Appellant/s
Versus
1. The State of Bihar
2. Saroj Devi Wife of Shree Kishun Sah Resident of village - Surat Chapra,
P.S.- Rasulpur, District - Saran at Chapra.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Dewendra Narayan Singh, Advocate
For the Respondent/s : Mr. Binay Krishna, Spl. Public Prosecutor
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 09-04-2026 Despite valid service of notice, none appears on
behalf of the respondent no. 2.
2. Heard learned counsel for the appellant and the
State.
3. This appeal has been filed against the order dated
08.08.2022 passed by learned Additional Sessions Judge 3rd ,
Saran at Chapra in ABP No. 2452 of 2022 arising out of
Rasulpur P.S. Case No. 115 of 2022 registered under Sections
341, 323, 504, 506, 34 of the Indian Penal Code and Section
3(1)(r)(s) of Scheduled Castes and Scheduled Tribes (Prevention
of Atrocities) Act, whereby the prayer for anticipatory bail of
appellant has been rejected.
Patna High Court CR. APP (SJ) No.3035 of 2022(4) dt.09-04-2026
2/3
4. As per prosecution case, cow of the informant
strayed in the wheat field of the appellant and damaged his
crops and when appellant protested, all the F.I.R. named accused
persons abused informant by caste name and assaulted her.
5. Learned counsel for the appellant submits that
appellant is innocent and has committed no offence. As a matter
of fact, due to cattle grazing, altercation took place between the
parties. Allegation of assault is general and omnibus and there is
no allegation of any specific overt act against the appellant. It is
not the case of informant that any member of public was present
at the place of occurrence and as such, no case under SC/ST Act
is made out against the appellant. Appellant claims clean
antecedent.
6. Learned Spl. Public Prosecutor for the State
vehemently opposed the bail application.
7. Considering the aforesaid facts, let the appellant, as
named above, in the event of his arrest/surrender within a period
of eight weeks from today, be enlarged on bail on furnishing
bail-bonds of Rs. 10,000/- (ten thousand) with two sureties of
the like amount each to the satisfaction of learned Additional
Sessions Judge 3rd , Saran at Chapra in ABP No. 2452 of 2022
arising out of Rasulpur P.S. Case No. 115 of 2022.
Patna High Court CR. APP (SJ) No.3035 of 2022(4) dt.09-04-2026
3/3
8. Accordingly, this criminal appeal is allowed and
impugned order dated 08.08.2022 is set aside with respect to
this appellant only.
(Prabhat Kumar Singh, J)
Navya/-
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