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Patna High Court

SANTOSH KUMAR SHARMA @ SANTOSH SHARMAversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The High Court set aside the refusal and granted anticipatory bail, holding that the FIR’s lack of specificity warranted bail.

Summary

Santosh Kumar Sharma appealed against the refusal of anticipatory bail in a case registered under IPC sections 341, 323, 504, 506, 34 and SC/ST Act sections 3(i)(r)(s). The appellant claimed he was falsely implicated over a trivial dispute about plucking mangoes and argued that the FIR was vague, lacking specific details of the alleged abuse and the place of occurrence. The Special Public Prosecutor and the informant could not counter the claim of insufficiency in the FIR. The Patna High Court, considering the appellant's submissions, held that the lack of specificity justified granting anticipatory bail. Accordingly, the court set aside the lower court’s order and allowed the appeal, directing release on bail with conditions under Section 438(2) of the CrPC.

Issues considered

  • Whether the refusal of anticipatory bail under Section 438 CrPC is justified in a SC/ST Act case where the FIR is vague and lacks specific allegation of place and nature of offence.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • FIR vagueness
  • false implication
  • IPC offences
  • Section 438 CrPC

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.3394 of 2023
                      Arising Out of PS. Case No.-177 Year-2022 Thana- RASULPUR District- Saran
                 ======================================================
                 SANTOSH KUMAR SHARMA @ SANTOSH SHARMA Son of Late
                 Chandrikalal Sharma @ Bhola Sharma Resident of Village-Ghurghat, P.S.-
                 Siswan, District-Siwan

                                                                                  ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    BITU KUMAR SAH Son of Surendra Sah Resident of Village-Chainpur,
                 Mubarakpur, P.S.-Siswan, Dist.-Siwan

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Mr. Chandra Mohan Jha
                 For the Respondent/s   :        Ms. Usha Kumari 1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

5   20-04-2026                 1. Heard learned counsel for the appellant, learned

                   Special P.P. Ms. Usha Kumari No.I for the State and the learned

                   counsel appearing on behalf of the respondent no.2.

                               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 10.04.2023 passed by the learned Additional

                   Sessions Judge-3rd-cum Special Judge, SC/ST/MP/MLA, Saran

                   at Chapra in Rasulpur P.S. Case No.177/2022, registered under

                   Sections 341, 323, 504, 506, 34 of the Indian Penal Code and

                   Sections 3(i)(r)(s) of the SC/ST Act.
Patna High Court CR. APP (SJ) No.3394 of 2023(5) dt.20-04-2026
                                             2/3




                       3. Learned counsel for the appellant submits that

          appellant has antecedent of three cases and the informant alleges

          that he works in the house of Vijay Shankar Prasad, further he

          asked not to pluck mangoes from the orchard of his master, on

          which the accused persons including the appellant abused him

          by taking caste name and assaulted by fist and leg.

                       4. Learned counsel submits that appellant has been

          falsely implicated in the instant case by the informant. It is next

          submitted that on trivial issue of plucking mangoes, the

          occurrence is alleged to have taken place. It is next submitted

          that though informant alleges that he was abused and assaulted

          by fist and leg but then allegation of of abuse and assault is

          general and omnibus in nature when SC/ST Act is a stringent

          Act. It is also submitted that the FIR does not disclose where the

          occurrence took place.

                       5. Learned Special Public Prosecutor and the learned

          counsel appearing on behalf of the informant opposes the appeal

          but then are not in a position to rebut the submission of the

          learned counsel appearing on behalf of the appellant that the

          allegation of abuse and assault is not specific and the informant

          does not disclose where the occurrence took place.

                       6. Considering the submissions made by the learned
             Patna High Court CR. APP (SJ) No.3394 of 2023(5) dt.20-04-2026
                                                          3/3




                       counsel for the appellant, the appellant, above named, in the

                       event of his arrest or surrender within a period of six weeks

                       from the date of receipt of the order, be released on anticipatory

                       bail on furnishing bail bond of Rs.5,000/- (rupees five thousand)

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

                       the learned court below where the case is pending in connection

                       with the aforesaid case, subject to the conditions as laid down

                       under Section 438(2) of the Code of Criminal Procedure.

                                    7. Accordingly, the impugned order is set aside and

                       this appeal stands allowed.



                                                  (Satyavrat Verma, J)
amit/-

U        T


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