Patna High Court
UDAL KUMAR SINGHversusTHE STATE OF BIHAR
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The High Court set aside the order rejecting bail and granted anticipatory bail to the appellants.
Summary
The appellants, three villagers, were charged under IPC sections 504, 341, 323/34 and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly abusing a caste name, demanding commission and assaulting the respondent's mother during a construction project. The FIR, filed by the respondent's mother, lacked specific date and time details and no injury report was produced. The appellants contended that the case was false, arising from a dispute over construction material quality, and highlighted their clean antecedent. The trial court had rejected their anticipatory bail application. On appeal, the Patna High Court considered the nature of the accusation, the absence of concrete evidence, and the appellants' clean record, and ordered bail on the condition of furnishing bail bonds and sureties. Consequently, the appellate court set aside the lower court’s order rejecting bail, granting relief to the appellants.
Issues considered
- Whether the anticipatory bail application of the appellants should be granted despite the FIR under the IPC and SC/ST Act.
- Whether the FIR discloses sufficient particulars to sustain the charges under the SC/ST Act.
- Whether the clean antecedent of the appellants warrants bail.
Legislation cited
- Indian Penal Code — s. 323, 324, 341, 504
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r), 3(1)(s), 3(2)(va)
Subjects
- anticipatory bail
- SC/ST Act
- caste discrimination
- assault
- Indian Penal Code
- bail jurisprudence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3213 of 2022
Arising Out of PS. Case No.-182 Year-2022 Thana- AMBA District- Aurangabad
======================================================
1. Udal Kumar Singh S/O Jittu Singh Resident of Village-Ganghar, P.S.-Amba,
District-Aurangabad
2. Rakesh Kumar Singh @ Rakesh Kumar Son Of Binod Singh resident of
village-ganghar, p.s.-Amba, District-Aurangabad
3. Lallu Kumar Singh @ Lallu Kumar S/O Upendra Singh @ Upendra Kumar
Singh resident of village-ganghar, p.s.-Amba, District-Aurangabad
... ... Appellant/s
Versus
1. The State Of Bihar
2. Praveen Kumar Murari Ram Village Baliyan P S Amba District Aurangabad
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Bhaskar Shankar, Advocate
For the Respondent/s : Ms. Usha Kumari 1, Spl. Public Prosecutor
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
7 19-03-2026 Despite filing Vakalatnama, none appears on behalf
of the respondent no. 2.
2. Heard learned counsel for the appellants and the
State.
3. This appeal has been filed against the order dated
23.08.2022 passed by learned 1st Additional District & Sessions
Judge-cum-Special Judge, SC/ST, Aurangabad in ABP No. 1423
of 2022 arising out of Amba P.S. Case No. 182 of 2022
registered under Sections 504, 341, 323/34 of the Indian Penal
Code and Sections 3(1)(r)(s), 3(2)(va) of Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, whereby the
Patna High Court CR. APP (SJ) No.3213 of 2022(7) dt.19-03-2026
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prayer for anticipatory bail of appellants has been rejected.
4. As per F.I.R., mother of respondent no. 2, who is a
member of Panchayat Samiti, was constructing Paver Block
work at High School, Ghanghar. In the meantime, these
appellants came there, abused respondent no. 2 by caste name,
demanded commission and assaulted him.
5. Learned counsel for the appellants submits that
appellants are innocent and have committed no offence. F.I.R.
does not disclose the date and time of occurrence. As a matter of
fact, respondent no. 2 is contractor of the work in question and
these appellants who are co-villagers, raised questions regarding
quality of the materials used in construction. In revenge,
informant lodged this false and concocted case against the
appellants. Allegation of assault is general and omnibus. There
is no injury report on record to substantiate the allegations. It is
not the case of informant that alleged incident occurred within
public view as such, no case under SC/ST Act is made out
against the appellants. Appellants claim clean antecedent.
6. Learned Spl. Public Prosecutor for the State
vehemently opposed the bail application.
7. Considering the nature of accusation and clean
antecedent, let the appellants, as named above, in the event of
Patna High Court CR. APP (SJ) No.3213 of 2022(7) dt.19-03-2026
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their arrest/surrender within a period of eight weeks from today,
be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned 1st Additional District & Sessions Judge-
cum-Special Judge, SC/ST, Aurangabad in ABP No. 1423 of
2022 arising out of Amba P.S. Case No. 182 of 2022.
8. Accordingly, this criminal appeal is allowed and
impugned order dated 23.08.2022 is set aside with respect to
these appellants only.
(Prabhat Kumar Singh, J)
Navya/-
U T
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