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Patna High Court

GUDDU KUMAR @ GUDDU SINGHversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The High Court set aside the order rejecting anticipatory bail and granted bail to the appellant subject to conditions.

Summary

Guddu Kumar appealed against the rejection of his anticipatory bail application in a case arising from a land dispute where he was accused of assaulting an informant and using caste-based abusive language under the SC/ST Act and several provisions of the Bharatiya Nyaya Sanhita. The Special Judge had denied bail, but the appellant argued that the allegations were vague, he had a clean antecedent, and the case was motivated by the civil land dispute. The High Court examined whether the allegations justified denial of bail under Section 438 CrPC read with Section 482 of the B.N.S.S. and Section 14(A)(2) of the SC/ST Act. Finding no specific charge of caste abuse and noting the appellant's clean record, the Court set aside the lower court’s order and granted anticipatory bail with conditions. The appeal was allowed, and the appellant was released on bail subject to stipulated conditions.

Issues considered

  • Whether anticipatory bail should be granted to the appellant under Section 438 of the CrPC and Section 482 of the Bharatiya Nyaya Sanhita in view of the allegations under the SC/ST Act.
  • Whether the allegations of caste-based abuse are sufficient to deny bail under Section 14(A)(2) of the SC/ST Act.
  • Whether the appellant's clean antecedent and the nature of the land dispute warrant the grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • land dispute
  • assault
  • caste-based offence
  • bail conditions
  • criminal antecedent

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.3512 of 2025
                     Arising Out of PS. Case No.-391 Year-2024 Thana- GAURICHAK District- Patna
                 ======================================================
                 Guddu Kumar @ Guddu Singh, S/O- Mahender Pratap Singh @ Late
                 Mahendra Singh, Village- Panchrukhiya Ps- Gaurichak Dist- Patna

                                                                                 ... ... Appellant/s

                                                      Versus

           1.    The State of Bihar
           2.    Birju Paswan, S/o- Prabhu Sharan Paswan Village- Pachrukhiya Ps-
                 Gaurichak Dist- Patna


                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Mr. Kumar Shankaram, Advocate
                 For the State          :        Mr. Binay Krishna, Spl. PP
                 For the Respondent No.2:        Mr. Shiv Shankar Yadav, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

5   20-05-2026                   Heard learned counsel for the appellant, learned

                   counsel for the Respondent No.2 and learned Special Public

                   Prosecutor for the State through virtual mode.

                               2. This is an appeal under Section 14(A)(2) of the

                   Scheduled Castes and Scheduled Tribes (Prevention of

                   Atrocities) Act, 1989 against the rejection of prayer for

                   anticipatory bail vide order dated 26.07.2025 passed by the

                   learned Exclusive Special Judge SC/ST, Patna, in A.B.A. No. 2536 of

                   2025 in connection with Gaurichak P.S Case No.391 of 2024

                   registered for the offence/s punishable under Sections 126(2),

                   115(2), 352, 351(2), 8(3), 3(5), of the Bharatiya Nyaya Sanhita,
Patna High Court CR. APP (SJ) No.3512 of 2025(5) dt.20-05-2026
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          2023 and under Sections 3(1)(r)(s) and 3(2)(va) of the Scheduled

          Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.

                       3. As per the prosecution case, the allegation against

          the appellant is that he, along with other named accused

          persons, came to the house of the informant and assaulted the

          informant and other family members, resulting in head injury to

          the informant. It has further been alleged that the accused

          persons threatened the informant and other family members and

          abused them by taking the caste name.

                       4. Learned counsel for the appellant submits that the

          appellant has falsely been implicated in this case out of an

          admitted land dispute between the two sides. It has further been

          submitted that despite the fact that a civil suit is pending in the

          Court, it is the informant who has been opposing the possession

          of the appellant on a certain piece of land and on account of

          which there is a dispute between two parties. It has next been

          submitted that from perusal of the FIR, it would be evident that

          there is nothing against the appellant of making any abusive

          words or using derogatory caste remarks and only a vague

          allegation has been made with regard to the use of the caste

          name. It has next been submitted that similarly situated co-

          accused, namely, Uma Shankar Singh and Shakti Singh, have
Patna High Court CR. APP (SJ) No.3512 of 2025(5) dt.20-05-2026
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          been granted bail by a Coordinate Bench of this Hon’ble Court

          vide order dated 12.11.2025 passed in Cr. App. (SJ) No.2386 of

          2025.

                       5. Learned counsel for the Respondent No.2 and

          learned Spl. P.P. for the State have vehemently opposed the

          anticipatory bail application of the appellant and stated that the

          appellant has brutally assaulted the informant and caused a head

          injury. It has further been submitted that the appellant used

          criminal force and has been trying to forcibly capture the land

          which belongs to the informant and on account of such fact the

          appellant has committed the said incident. It has also been

          submitted that there is an allegation against the appellant of

          being a party to the incident, who has also, along with others,

          abused the informant.

                       6. In view of the aforesaid facts and circumstances of

          the case and taking into account that the appellant has a clean

          antecedent and there is no specific allegation against him, the

          impugned order dated 26.07.2025 passed by the learned Exclusive

          Special Judge SC/ST, Patna, in A.B.A. No. 2536 of 2025 in

          connection with Gaurichak P.S Case No.391 of 2024, is set

          aside against the appellant.

                       7. The criminal appeal is allowed.
Patna High Court CR. APP (SJ) No.3512 of 2025(5) dt.20-05-2026
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                       8. Considering the aforesaid submission, facts and

          circumstances of the case, let the appellant above named be

          released on anticipatory bail, in the event of arrest or surrender

          before the learned Court below within a period of four weeks

          from today, on furnishing bail bonds of Rs.10,000/-(ten

          thousand) with two sureties of the like amount each to the

          satisfaction of the learned Court below where the case is

          pending/successor court in connection with Gaurichak P.S Case

          No.391 of 2024, subject to the conditions as laid down under

          Section 438(2) of the Code of Criminal Procedure read with

          corresponding Section 482(2) of B.N.S.S. as well as subject to

          the following conditions:-

                          (i) One of the bailors of the appellant shall be
                          his/her close relative and the other shall be the local
                          resident.
                          (ii) The appellant shall in no manner threaten or try
                          to contact or influence the informant.
                          (iii) The learned Court below shall verify the
                          criminal antecedent of the appellant and in case at
                          any stage it is found that the appellant has
                          concealed his criminal antecedent, the court below
                          shall take step for cancellation of bail bond of the
                          appellant. However, the acceptance of bail bonds in
                          terms of the above-mentioned order shall not be
                          delayed for purpose of or in the name of
                          verification.
           Patna High Court CR. APP (SJ) No.3512 of 2025(5) dt.20-05-2026
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                                  9. It is made clear that the observation, if any, made in

                     this order, shall be of no bearing during the trial.



                                               (Sourendra Pandey, J)
manoj/ayushkr-

U      T


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