Patna High Court
Mahesh Singh @ Mahesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court set aside the order rejecting anticipatory bail and granted anticipatory bail to the appellant because the allegations did not specifically demonstrate caste‑based humiliation and the injury was simple.
Summary
Mahesh Singh appealed against the order rejecting his anticipatory bail in a case under the SC/ST Act where he was alleged to have abused the informant’s son with caste slurs and assaulted him. The FIR was lodged seven days after the alleged incident, which involved a football game and a simple injury. The appellant argued that the alleged caste abuse was not in public view and did not amount to humiliation, and that the delay and the nature of the injury did not justify denial of bail. The respondent contended that the appellant was a principal participant in the offence and that the injury, though simple, warranted denial of bail. The court held that the allegations did not specifically show caste‑based humiliation and, given the simple nature of the injury and the co‑villager relationship, anticipatory bail was appropriate. Consequently, the order rejecting bail was set aside and the appeal was allowed, granting anticipatory bail subject to conditions.
Issues considered
- Whether anticipatory bail can be granted in a case under the SC/ST Act where the alleged caste‑based abuse is not proven to be humiliating or in public view
- Whether the seven‑day delay in filing the FIR affects the grant of anticipatory bail
- Whether the simple nature of the injury and the relationship between the parties justify denial of anticipatory bail
Legislation cited
- B.N.S.S. — s. 115(2), 126(2), 3(5), 351(2), 352
- Code of Criminal Procedure, 1973 — s. 482(2)
- SC/ST Act — s. 3(1)(r), 3(1)(s), 3(2)(va)
Subjects
- SC/ST Act
- anticipatory bail
- caste harassment
- simple injury
- delay in FIR
- Criminal Procedure Code
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3503 of 2025
Arising Out of PS. Case No.-9 Year-2025 Thana- SC/ST District- Rohtas
======================================================
Mahesh Singh @ Mahesh Kumar S/O Late Jagarnath Singh R/O Vill.- Karup,
P.S.- Sheosagar, Dist.- Rohtas.
... ... Appellant/s
Versus
1. The State of Bihar Patna
2. Arun Kumar Baitha S/O late Ram Bhajan Ram R/O Vill.- Karup, P.S.-
Sheosagar, P.O.- Malwar, Dist.- Rohtas.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Rajesh Kumar Singh
For the Respondent/s : Mr. Binay Krishna, Spl. P.P.
For the Respondent 2 : Mr. Surendra Kumar Singh
Ms. Sudha Chandra
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 16-04-2026 1. Heard the parties.
2. This appeal has been filed by the appellant being dissatis-
fied by the order dated 23.07.2025 by which the anticipatory
bail of the appellant has been rejected in connection with SC/ST
P.S. Case No. 09/2025 registered for the offence under Section
126 (2), 115 (2) 352, 351 (2), 3 (5) of BNS, 2023 and Section 3
(1) (r), 3(1) (s), 3 (2) (va) of the SC and ST Act passed by the
learned Additional District and Session Judge 17-cum- Special
Judge SC/ST Act Rohtas at Sasaram.
3. As per the first information report on 19.01.2025 the son
Patna High Court CR. APP (SJ) No.3503 of 2025(4) dt.16-04-2026
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of the informant was playing football in the evening, in the
meanwhile, he was called on phone near B.Ed. College. The
informant’s son reached near B.Ed. College at 7:00 P.M. after
finishing his game and saw the appellant and other accused
persons standing there and they started abusing him by his caste
name and when objected, they assaulted by fists and iron buckle
of the belt. The allegation against the appellant is that he caught
hold the informant’s son.
4. Learned counsel for the appellant submits that the occur-
rence has taken place on 19.01.2025 but after delay of seven
days F.I.R. has been lodged on 27.01.2025. The occurrence has
taken place while children were playing football and there is no
application of SC / ST Act inasmuch the allegation of calling by
caste name is not in full public view and further the abuse was
not to demean or humiliate the members of the community. No
specific overt act has been alleged against the appellant and the
only allegation is that he caught hold the informant’s son and or-
dered to kill him.
5. On the other hand, Mr. Surendra Kumar Singh, learned
counsel for the respondent no.2 (informant) vehemently op-
posed the prayer for anticipatory bail and submits that not only
the appellant is named in the first information report but he also
Patna High Court CR. APP (SJ) No.3503 of 2025(4) dt.16-04-2026
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played a vital role in the commission of the offence. He further
submits that the informant’s son has sustained injury which is
simple in nature.
6. Regard being had to the submission made by the parties,
taking into consideration the the fact that occurrence has taken
place in the game of football, there is no specific allegation
against the appellant of abusing the informant’s son by calling
his caste name in order to humiliate or demean his status, both
the parties are co-villagers and the injury is simple in nature,
accordingly, I am inclined to grant anticipatory bail to the
appellant.
7. Accordingly, the order dated 23.07.2025 passed in connec-
tion with SC/ST P.S. Case No. 09/2025 is hereby set aside. The
appeal is allowed.
8. Let the appellant, above named, be released on anticipa-
tory bail in the event of arrest or surrender before the court be-
low within a period of four weeks from today on furnishing bail
bond of Rs. 10,000/- (rupees ten thousand) with two sureties of
the like amount each to the satisfaction of learned Additional
District and Sessions Judge 17-cum-Special Judge SC / ST Act
Rohtas at Sasaram in connection with SC/ ST P.S. Case No.
09 / 2025 subject to the condition as laid down under Section
Patna High Court CR. APP (SJ) No.3503 of 2025(4) dt.16-04-2026
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482 (2) of the B.N.S.S.
(Anil Kumar Sinha, J)
praful/-
U T
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