Patna High Court
PANKAJ KUMAR SINGHversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The order rejecting anticipatory bail is set aside and bail is granted to the appellants.
Summary
The appellants, five individuals, appealed against the order of the Special Judge that rejected their application for anticipatory bail in a case registered under IPC sections 323, 384, 469, 471, 506 and Sections 3(i), (r), (s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The prosecution alleged that the informant, a loan officer, faced caste‑based discrimination, harassment and false implication by the appellants. The appellants contended that the FIR was a retaliatory move linked to a financial fraud investigation against the informant and that the FIR contained no specific caste‑abuse allegation, asserting their clean antecedent. The Special Public Prosecutor opposed the appeal. The High Court, after considering the lack of substantive SC/ST allegations and the appellants' clean record, set aside the order rejecting anticipatory bail and granted bail on a bond with sureties. Consequently, the appeal was allowed and the appellants were released on bail.
Issues considered
- Whether the anticipatory bail application of the appellants should be granted in view of the allegations under the IPC and the SC/ST Act.
- Whether the FIR discloses a cognizable offence under Sections 3(i), (r), (s) of the SC/ST Act.
- Whether the appellants' clean antecedent and the alleged motive of retaliation affect the bail decision.
Legislation cited
- Indian Penal Code — s. 323, 384, 469, 471, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(i), 3(r), 3(s)
Subjects
- anticipatory bail
- SC/ST Act
- IPC offences
- caste discrimination
- bail
- criminal appeal
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3223 of 2022
Arising Out of PS. Case No.-76 Year-2020 Thana- SC/ST District- Saran
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1. PANKAJ KUMAR SINGH Son of Late Chandra Bhushan Singh R/V- Naini,
Post- Naini, P.S- Mufassil, Saran, bihar- 841316
2. Piyush Gour Son of Late Bansh Bihari Gaur R/o Bagmali, Hajipur, P.S-
Town, Vaishali, Bihar- 844101
3. Rajkishore Kumar Son of Kaushal Kishore Singh R/o Matihan, Dighwara,
PS- Dighwara, Saran, Bihar- 841207
4. Dinesh Kumar S/o Ramsharan Prasad R/o Akankgardih, Mosimganj,
Ekangar Dih, Ekangardih, P.s- Ekangarsarai, Nalanda, Bihar- 801301
5. Chandan Kumar Gupta Son of Krishna Prasad R/o Govind Chak, Sonpur,
P.s- Govind Chak, Saran, Bihar- 841101
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Eashita Raj, Advocate
For the Respondent/s : Mr. Sadanand Paswan, SPP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 29-01-2026 Despite filing Vakalatnama on behalf of the
respondent no. 2, no one appears on behalf of the respondent no.
2.
2. Heard learned counsel for the appellants and learned
Special P.P. for of the State.
3. This appeal has been filed against the order dated
08.07.2021 passed by learned 1st ADJ cum Special Judge, SC/ST
Act, Saran at Chapra in connection with Saran SC/ST P.S. Case
No. 76 of 2020, registered under Sections 323,, 384, 469, 471,
506 of the IPC and Sections 3(i)(r)(s) of Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act (for short
Patna High Court CR. APP (SJ) No.3223 of 2022(3) dt.29-01-2026
2/3
“SC/ST Act”), whereby the prayer for anticipatory bail of
appellant has been rejected.
4. As per prosecution case, the informant alleged that
he was working as a loan officer in Dighwara Branch of RBL
Finserv Ltd. and the appellant no. 1 was also posted in the same
branch. He further alleged that he faced a lot of discrimination,
harassment and humiliation from the side of the appellants on the
ground of caste. It is further alleged that whenever he refused to
visit other branches they used to abuse him and conspired to
implicate him in a false case.
5. Learned counsel for the appellants submits that
appellants are innocent and have committed no offence. Present
case is a counter blast of the enquiry of RBL Finserv Ltd.
regarding defalcation of an amount of Rs. 769463.86/- (Rupees
Seven Lakhs Sixty Nine Thousand Four Hundred Sixty Three
and Eighty Paise) committed by the informant of the FIR namely
Priyaranjan Prasad Nirala who was working as a Group Loan
Officer in RBL Finserv Ltd. Co. It appears from the FIR that
there is general and omnibus allegation levelled against the
appellants and the present FIR has been filed to cover the
financial fraud committed by informant about which the
company has initiated an investigation against him and a show
cause was also issued to him. It is further submitted that after
Patna High Court CR. APP (SJ) No.3223 of 2022(3) dt.29-01-2026
3/3
lapse of about 22 days from the date of issuance of the notice
dated 01.10.2020 to informant, the informant filed a written
complaint dated 21.10.2020 for the present FIR making false and
fabricated case against the appellants. From perusal of F.I.R.,
there is no allegation of abuse by caste name. Hence, no case of
SC/ST Act is made out against the appellants. Appellants claim
clean antecedent.
6. Learned Spl. Public Prosecutor for the State
opposed the appeal of the appellant.
7. However, considering the aforesaid facts and
circumstances and clean antecedent, the impugned order dated
08.07.2021 is, hereby, set aside and this criminal appeal is
allowed.
8. Let the appellant, as named above, be released on
bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with
two sureties of the like amount each to the satisfaction of learned
1st ADJ cum Special Judge, SC/ST Act, Saran at Chapra, in
connection with Saran SC/ST P.S. Case No. 76 of 2020.
(Prabhat Kumar Singh, J)
khushbu/-
U T
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