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Patna High Court

Satyendra BindversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The High Court set aside the refusal of anticipatory bail and granted bail to the appellants.

Summary

The appellants, Satyendra Bind and Ravi Bind, were charged under several IPC provisions and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for alleged assault on 19‑04‑2025. They applied for anticipatory bail, which was denied by the Special Judge. The appellants contended that the allegations were false, pointing out inconsistencies between the FIR and the injury report of the complainant, and argued that the incident occurred inside a private residence, not in public view. The State opposed the bail, but the High Court examined the injury report and the lack of specific charges against one appellant. Relying on Section 482(2) of the CrPC, the Court set aside the lower court’s order and granted anticipatory bail subject to bond and surety conditions. Consequently, the appeal was allowed.

Issues considered

  • Whether anticipatory bail should be granted to the appellants under the SC/ST Act and the IPC offences alleged against them.
  • Whether the inconsistencies in the injury report and the private nature of the alleged assault negate the necessity of custody.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • false implication
  • assault
  • injury report
  • Criminal Procedure Code
  • Section 482
  • scheduled castes
  • scheduled tribes
  • criminal appeal

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.3281 of 2025
                    Arising Out of PS. Case No.-18 Year-2025 Thana- SC/ST District- Kaimur (Bhabua)
                 ======================================================
           1.     Satyendra Bind S/o Mahendra Bind Residents of Village- Sirbit, P.S.
                  Chainpur, District-Kaimur at Bhabua
           2.    Ravi Bind S/o Vijay Bind Residents of Village- Sirbit, P.S. Chainpur,
                 District-Kaimur at Bhabua

                                                                                    ... ... Appellant/s
                                                        Versus
           1.    The State of Bihar
           2.    Ashok Gond S/o Late Kharu Gond R/o vill- Sirbit, P.S.- Chainpur, Distt.-
                 Kaimur at Bhabua

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr.Uday Pratap Singh
                 For the Respondent/s    :        Mr.Sadanand Paswan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

7   01-05-2026              1.     Heard learned counsel for the appellants and

                   learned Spl. P.P. for the State, Sri Sadanand Paswan.

                            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 16-7-2025 in A.B.P. No. 1272 of 2025 passed by the

                   learned 1st Additional Sessions Judge-cum-Special Judge

                   S.C./S.T. (POA) Act, Kaimur at Bhabua in connection with

                   SC/ST Bhabua P.S. Case No.18/2025 registered for the offences

                   punishable under Sections Sections 329(4), 191(2), 190, 126(2),
Patna High Court CR. APP (SJ) No.3281 of 2025(7) dt.01-05-2026
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          115(2), 109(1), 352, 351(2), 351(3) of the BNS as well as

          Sections 3(1)(r)(s), 3(2)(v) of the SC/ST Act.

                    3.    Learned Spl PP submits that in compliance of the

          order dated 11-11-2025, the concerned Superintendent of Police

          was requested to inform the informant of the instant case

          through the concerned PS to remain present before this Court on

          the next date i.e., 5-1-2026. It is next submitted that informant

          has been duly informed, but then chooses not to appear and

          contest.

                    4.    Learned counsel for the appellants submits that

          appellant no. 1 has antecedent of one case and appellant no. 2 is

          a person with clean antecedent and the informant alleges that on

          19.04.2025 in the night, all of a sudden, the accused persons

          including the appellants came and on order of Lalu Bind, who

          was carrying gun in his hand, the accused persons started

          assaulting and Wakil Bind assaulted him by hockey stick on

          head causing injury, thereafter Ravi Bind assaulted Dipu by

          hockey stick causing injury on head and when Guddu Gond

          came to save them, appellant no. 1 assaulted him by rod causing

          injury on head, thereafter the police was informed and the

          accused fled.

                    5.    Learned counsel for the appellants submits that the
Patna High Court CR. APP (SJ) No.3281 of 2025(7) dt.01-05-2026
                                             3/4




          appellants have been falsely implicated in the instant case by the

          informant. It is next submitted that though informant alleges

          that appellant no. 1 assaulted Guddu by rod causing injury on

          head, but then from perusal of the injury report of Guddu, it

          would manifest that he suffered one injury on his left leg and

          one injury on his left hand and the injury has been opined to be

          simple in nature as such the allegation as alleged in the FIR gets

          belied by the injury report. It is further submitted that no

          specific allegation of assault is alleged against the appellant no.

          2. It is also submitted that Pankaj Bind and four others had

          approached this Court seeking anticipatory bail by filing Cr.

          Appeal (SJ) No. 2467 of 2025 and the same came to be allowed

          by an order dated 24-12-2025. It is next submitted that even

          presuming what has been alleged is true without admitting then

          the entire occurrence took place at the house of the informant,

          thus was not in public view.

                    6.    Learned Spl. P.P. for the State opposes the prayer

          for anticipatory bail of the appellants, but after perusing the case

          diary fairly submits that the injury suffered by Guddu is on left

          leg and left hand.

                    7.    Considering the aforesaid facts, let the appellants

          above-named, in the event of their arrest or surrender within a
              Patna High Court CR. APP (SJ) No.3281 of 2025(7) dt.01-05-2026
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                        period of six weeks from today, be released on anticipatory bail

                        on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand)

                        each with two sureties of the like amount each to the satisfaction

                        of the learned trial court where the case is pending/successor

                        court in connection with the aforesaid case, subject to the

                        conditions as laid down under Section 482 (2) of the BNSS.

                                  8.    Accordingly, the impugned order is set aside and

                        the appeal stands allowed with respect to the appellants.



                                                   (Satyavrat Verma, J)
Sumit/-

U         T


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