Patna High Court
Krishn Kumar Sah @ Krishna SahversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The appellate court set aside the order denying anticipatory bail and granted bail to the appellant.
Summary
Krishn Kumar Sah appealed against the order dated 03.07.2024 that denied him anticipatory bail in a case involving offences under the IPC (sections 341, 323, 324, 325, 379, 354B, 34) and the SC/ST (Prevention of Atrocities) Act (sections 3(1)(r)(s)(w) and 3(2)(va)). The prosecution alleged that the appellant, along with co‑accused, assaulted an informant and his mother, used caste slurs, and stole a golden chain. The appellant contended that the FIR contained no specific allegation of an overt act by him, that there were no witnesses, and that a co‑accused with similar charges had been granted anticipatory bail. The State and the informant opposed bail. The Patna High Court, considering the lack of specific allegations, the appellant’s clean antecedents, and parity with the co‑accused, set aside the lower court’s order and granted anticipatory bail to the appellant subject to a bond and sureties.
Issues considered
- Whether the appellant is entitled to anticipatory bail under the IPC and the SC/ST (Prevention of Atrocities) Act.
- Whether the allegations in the FIR constitute an offence under the SC/ST Act against the appellant.
- Whether the appellant’s clean antecedents and parity with a co‑accused who obtained bail warrant granting anticipatory bail.
Legislation cited
- Indian Penal Code — s. 323, 324, 325, 34, 341, 354B, 379
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r)(s)(w), 3(2)(va)
Subjects
- anticipatory bail
- SC/ST Act
- IPC offences
- caste based violence
- bail conditions
- clean antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3240 of 2024
Arising Out of PS. Case No.-24 Year-2024 Thana- SC/ST District- Begusarai
======================================================
Krishn Kumar Sah @ Krishna Sah S/o- Harihar Sah Village- Karoy
Khanjahanpur Ps- Cheriyabariyarpur Dist- Begusarai
... ... Appellant/s
Versus
1. The State of Bihar
2. Ranjit Chaudhary son of Late Kshatri Chaudhary Village- Karoy
Khanjahanpur Ps- Cheriyabariyarpur Dist- Begusarai
... ... Respondent/s
======================================================
Appearance :
For the Appellant : Mr. Shubhesh Pandey, Advocate
For the State : Mr. Sadanand Paswan, Spl.PP
For Respondent No. 2 : Mr. Ajay Kumar Sinha, Advocate
Ms. Sanjana, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 29-01-2026 Heard learned counsel for the appellant, learned
Spl.PP for the State and learned counsel for the
informant/Respondent No. 2.
2. This appeal has been filed for setting aside order
dated 03.07.2024, passed in a case registered for the offence
punishable under Sections 341, 323, 324, 325, 379, 354B and 34
of the Indian Penal Code and Sections 3(1)(r)(s)(w) and 3(2)
(va) of the Scheduled Castes and Scheduled Tribes (Prevention
of Atrocities) Act, whereby the prayer for anticipatory bail of
the appellant has been rejected.
3. As per the prosecution case, informant alleges that
when he, along with his mother, was going to their field on
Patna High Court CR. APP (SJ) No.3240 of 2024(4) dt.29-01-2026
2/3
22.05.2024, in the meantime, they were intercepted by the F.I.R.
named accused person, including this appellant, near Kankarahi
Ghat and they started abusing them by taking caste name and
thereafter, co-accused Awadhesh Sah assaulted him by rod
causing injury on hand. It is further alleged that co-accused
Awadhesh Sah also assaulted his mother, unveiled her and this
appellant snatched the golden chakti.
4. It is submitted by learned counsel appearing on
behalf of the appellant that appellant is quite innocent and has
committed no offence. From bare perusal of the F.I.R. it is
apparent that there is absolutely no allegation of overt act
against this appellant. The F.I.R. does not disclose that any
member of public was present at the alleged incidence and as
such, no case under the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act Act is made out against this
appellant. It is further submitted that co-accused Awadhesh Sah,
having similar and identical allegations, has already been
granted the privilege of anticipatory bail by a Co-ordinate
Bench of this Hon’ble Court vide order dated 04.12.2025 passed
in Cr. Appeal (SJ) No. 3233 of 2024. Appellant claims clean
antecedents.
5. On the other hand, learned Special PP for the State
Patna High Court CR. APP (SJ) No.3240 of 2024(4) dt.29-01-2026
3/3
and learned counsel for the informant/Respondent No. 2 have
vehemently opposed the prayer for grant of anticipatory bail to
the appellant.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation, claim based on
parity and clean antecedents of the appellant, this appeal is
allowed and the impugned order dated 03.07.2024 passed by the
Court of learned Exclusive Special Judge, SC/ST (POA) Act,
Begusarai in connection with A.B.P. No. 1240 of 2024 arising
out of SC/ST P.S. Case No. 24 of 2024 is hereby set aside with
respect to this appellant only.
7. Accordingly, let the appellant, named above, in the
event of arrest/surrender within a period of eight weeks from the
date of receipt/production of a copy of this order, be enlarged on
bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with
two sureties of the like amount each to the satisfaction of the
learned Exclusive Special Judge, SC/ST (POA) Act, Begusarai
in connection with SC/ST P.S. Case No. 24 of 2024.
(Prabhat Kumar Singh, J)
shashank/-
U T
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