Patna High Court
Aman Kumar @ Aman SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
Holding
The High Court set aside the order refusing anticipatory bail and granted anticipatory bail to the appellant subject to prescribed conditions.
Summary
The appellant, Aman Kumar, was charged under several IPC sections and Section 3(i)(r) of the SC/ST Act in connection with a violent incident alleged to have occurred on 09.08.2021. He applied for anticipatory bail, which was denied by the Exclusive Special Judge, SC/ST Act, Saran. The appellant contended that he was falsely implicated, that the FIR lacked specific allegations against him, and that the informant’s enmity undermined the prosecution. The Special Public Prosecutor opposed the bail. The Patna High Court, considering the submissions, granted anticipatory bail subject to bond and surety conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S., setting aside the lower court’s order. Consequently, the appeal was allowed.
Issues considered
- Whether the refusal to grant anticipatory bail to the appellant under Section 14-A(2) of the SC/ST Act was justified.
- Whether the allegations in the FIR sufficiently implicate the appellant to deny anticipatory bail.
- Whether the appellant is entitled to anticipatory bail under Section 438 of the Criminal Procedure Code.
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 147, 148, 149, 323, 379, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14-A(2), 3(i)(r)
Subjects
- anticipatory bail
- SC/ST Act
- false implication
- Criminal Procedure Code
- Indian Penal Code
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3158 of 2025
Arising Out of PS. Case No.-431 Year-2021 Thana- CHAPRA TOWN District- Saran
======================================================
Aman Kumar @ Aman Singh S/o- Arjun Singh @ Chulai Singh R/o Village-
Tandi Tari PS-Chapra Mufassil District- Saran at Chapra
... ... Appellant/s
Versus
1. The State of Bihar
2. Rupesh Kumar Rajak, Son of Jaleshwar Rajak, resident of village Mauna
Mohan Nagar, P.S. Chapra Town, District Saran at Chapra
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Dewendra Narayan Singh, Advocate
For the Respondent/s : Mr. Binay Krishna, Spl.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 04-05-2026 1. Heard learned counsel for the appellant and learned
Special Public Prosecutor for the State.
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 26.06.2025
in A.B.P. No. 2216 of 2025 passed by the learned Exclusive
Special Judge, SC/ST Act, Saran at Chapra in connection with
Chapra Town P.S. Case No. 431 of 2021 registered under Sections
147, 148, 149, 323, 504, 506 and 379 of the Indian Penal Code as
well as Section 3(i)(r) of the SC/ST Act.
3. Learned counsel appearing on behalf of the appellant
submits that from perusal of the office report dated 23.04.2026, it
would manifest that notice has been validly served on respondent
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no. 2 but then respondent no. 2, despite receiving the notice,
chooses not to appear and contest.
4. Learned counsel appearing on behalf of the appellant
submits that appellant has antecedent of one case and the
informant alleges that on 09.08.2021, at 05:30 p.m., he received a
call on his mobile from mobile no. 7909096820 and the caller said
that he wants to buy biscuits, come to the godown, accordingly,
the informant reached his godown when he saw a person present
there and as soon as the informant opened the godown, six accused
persons from behind tried to push him inside the godown and
thereafter a scuffle broke out and the informant was assaulted,
abused and even abused by taking caste name and one of the
accused assaulted him with butt of pistol causing injury on head.
Further, the named accused persons along with two unknown
accused tried to kill the informant and even snatched his chain and
Rs.1,65,000/-. On alarm, the villagers gathered, when Ashish was
caught and the informant received a call threatening him to release
the apprehended accused.
5. Learned counsel for the appellant submits that
appellant has been falsely implicated in the instant case by the
informant. It is further submitted that the allegation as alleged in
the FIR does not inspire confidence. It is next submitted that no
specific allegation of assault is alleged against the appellant and
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the allegation of abuse is general and omnibus in nature and the
informant is having enmity with Ashish who was also caught from
the place of occurrence. It is also submitted that this perhaps
explains why the informant, despite receiving the notice, chooses
not to appear and contest.
6. Learned Special Public Prosecutor for the State
opposes the prayer for anticipatory bail of the appellant.
7. Considering the submissions made by the learned
counsel appearing on behalf of the appellant, let the appellant,
above-named, in the event of his arrest or surrender within a
period of six weeks from the date of receipt of the order, 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 Trial Court where the case is
pending in connection with the aforesaid case, subject to the
conditions as laid down under Section 438(2) of the Cr.P.C./482(2)
of the B.N.S.S.
8. Accordingly, the impugned order is set aside and this
appeal stands allowed.
(Satyavrat Verma, J)
Kundan/-
U T
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