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Patna High Court

PANKAJ KUMAR SINGHversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                 ======================================================
           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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