Patna High Court
Pintu Singh @ Hemant Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The High Court held that the FIR does not disclose an offence on the ground of the victim's SC/ST status and that anticipatory bail is maintainable, setting aside the lower court’s order.
Summary
The appellant, Pintu Singh, was charged under several sections of the Bihar Non-Applicable (BNS) statutes and the SC/ST (POA) Act for allegedly dragging and assaulting an informant in a purported kidnapping attempt. The prosecution alleged the act was motivated by the informant's SC/ST status, while the defence argued it stemmed from a monetary dispute and the injury was simple. The Special Judge had rejected the appellant's anticipatory bail application. On appeal, the Patna High Court examined the FIR and found no indication that the offence was committed on the basis of the informant's caste status, concluding that the case was a ordinary dispute. Consequently, the court held that anticipatory bail was maintainable, set aside the Special Judge’s order, and directed that the appellant be released on bail with prescribed conditions. The decision underscores that the SC/ST Act cannot be invoked where the alleged motive is unrelated to caste.
Issues considered
- Whether the alleged assault and kidnapping constitute an offence under the SC/ST (POA) Act.
- Whether anticipatory bail should be granted despite charges under the BNS and SC/ST statutes.
- Whether the nature of the injury and the motive (money dispute) preclude denial of anticipatory bail.
Legislation cited
- Bihar Non‑Applicable (BNS) — s. 109, 115(2), 126(2), 127(2), 3(5), 351(2), 352
- Bihar Non-Applicable Special Sections (BNSS) — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- SC/ST (POA) Act — s. 3(1)(r), 3(1)(s), 3(2)(va)
Subjects
- anticipatory bail
- SC/ST Act
- false implication
- kidnapping
- assault
- money dispute
- bail conditions
- high court appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3121 of 2025
Arising Out of PS. Case No.-120 Year-2025 Thana- KASIMBAZAR District- Munger
======================================================
Pintu Singh @ Hemant Kumar Singh S/o- Satrughan Prasad Singh Village-
Mahaddipur Ps- Kasim Bazaar Dist- Munger
... ... Appellant/s
Versus
1. The State of Bihar Bihar
2. Vikash Kumar Paswan S/o- Late Jageshwar Paswan Village- Faujdari Bazaar
Ps- Kasim Bazar Dist- Munger
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Vishal Vikram Rana
Mr. Misha Bharti
Mr. Utkarsh Vikram Rana
Mr. Saurav Dev
Mr. Akash Priya.
For the Respondent/s : Mr.Binay Krishna
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 13-03-2026 Heard the parties.
2. This appeal is preferred against the order dated
08.07.2025 passed by the learned Special Judge, SC/ST Act,
Munger in connection with Kasim Bazar P.S. Case No. 120 of
2025 registered for the offence under Sections 109, 127(2)
115(2), 3(5), 352, 351(2), 126(2) of the BNS and under section
3 (1) (s), 3(1)(r), 3(2)(va) of S.C/S.T. (POA) Act by which
anticipatory bail filed by the appellants has been rejected.
3. As per the prosecution case, the appellant and other
accused persons are said to have dragged the informant with an
intention to kidnap him and when he protested, the accused
Patna High Court CR. APP (SJ) No.3121 of 2025(3) dt.13-03-2026
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persons assaulted him and have also abused him.
4. Learned counsel for the appellant submits that the
appellant has falsely been implicated in this case and no offence
under the provisions of SC/ST Act is made out in this case as
the occurrence has taken place because the accused persons
have some dispute over money transaction and therefore the
application of the anticipatory bail is maintainable. He further
submits that the injury caused to the informant is simple in
nature.
5. Learned counsel for the State has opposed the
prayer of the appellant.
6. From the reading of the entire FIR it does not
appear that offence has been committed against the informant on
the ground that he is a member of SC/ST community and
primarily, it appears that for a dispute over money, the
occurrence has taken place and therefore, this application for
grant of anticipatory bail is held to be maintainable.
7. Considering the facts of the case and the rival
submissions of the parties, this appeal is allowed and
accordingly, the order dated 08.07.2025, is hereby set aside.
8. Let the appellant, in the event of their arrest or
surrender within four weeks from today, be released on bail on
Patna High Court CR. APP (SJ) No.3121 of 2025(3) dt.13-03-2026
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furnishing bail bonds of Rs. 10,000/-(Rupees Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of the learned Special Judge, SC/ST Act, Munger/concerned
Court below in in connection with Kasim Bazar P.S. Case No.
120 of 2025, subject to the conditions laid down under Section
438(2) of the Code of Criminal Procedure/482(2) of the BNSS.
(Sandeep Kumar, J)
Vikas/-
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