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Patna High Court

Shashi Singh @ Shashi Bhushan SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appellate court set aside the refusal and allowed anticipatory bail to the appellant subject to prescribed conditions.

Summary

The appellant, Shashi Singh, was charged under several IPC offences (307, 379, 341, 323, 504, 143) and sections 3(1)(r)(s) and 2(v) of the SC/ST (Prevention of Atrocities) Act in connection with an alleged assault and robbery at the complainant's residence. He applied for anticipatory bail, which was denied by the Exclusive Special Judge, SC/ST (POA) Act, Begusarai. The appellant contended that he was falsely implicated, was not present at the scene, and that the FIR implicated multiple other accused. The Special Public Prosecutor opposed the bail. On appeal under Section 14‑A(2) of the SC/ST Act, the Patna High Court set aside the lower court’s order and granted anticipatory bail subject to a Rs.5,000 bond and two sureties, with conditions under Section 438(2) CrPC/Section 482(2) B.N.S.S.

Issues considered

  • Whether the appellant is entitled to anticipatory bail under Section 438 CrPC in view of the allegations under the SC/ST (Prevention of Atrocities) Act and IPC.
  • Whether the refusal of anticipatory bail by the Special Judge was justified given the appellant's claim of non‑presence and false implication.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • scheduled caste
  • IPC offences
  • high court
  • bail conditions
  • false implication

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.3647 of 2025
                     Arising Out of PS. Case No.-205 Year-2023 Thana- SAHEBPUR KAMAL District-
                                                        Begusarai
                 ======================================================
                 Shashi Singh @ Shashi Bhushan Singh Son of Rudra Narayan Singh @ Rudo
                 Singh R/o Village -Parora, Mauza -Sanha PS- S. Kamal District -Begusarai
                                                                           ... ... Appellant/s
                                                   Versus
           1.     The State of Bihar
           2.     Maina Devi Wife of Sudam Sada R/o Village- Panchweer Hajipur Tola,
                  Ward No 01, PS -Sahebpur Kamal District -Begusarai
                                                                     ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Mr. Rakesh Singh, Advocate
                 For the Respondent/s   :        Mr. Sadanand Paswan, Spl.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   17-03-2026                 1. Heard learned counsel for the appellant and learned

                   Special Public Prosecutor for the State.

                               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 05.08.2025 in A.B.P. No. 1424 of 2025 passed by

                   the learned Exclusive Special Judge, SC/ST (POA) Act,

                   Begusarai in connection with S. Kamal P.S. Case No. 205 of

                   2023 registered under Sections 307, 379, 341, 323, 504 and 143

                   of the Indian Penal Code as well as Sections 3(1)(r)(s) and 2(v)

                   of the SC/ST Act.

                               3. Learned Special P.P. submits that in compliance of
Patna High Court CR. APP (SJ) No.3647 of 2025(4) dt.17-03-2026
                                             2/3




          the order dated 10.11.2025, the informant was informed through

          the SHO but then it appears that the informant despite receiving

          the notice has not appeared.

                       4. Learned counsel appearing on behalf of the

          appellant submits that appellant has antecedent of one case and

          the informant alleges that on 29.07.2023, at 01:00 p.m., eight

          named accused persons along with 25-30 unknown accused

          came to her house and abused by taking caste name and forcibly

          started construction of room on her land. On objection, accused

          assaulted by lathi, iron rod and took away cash and jewellery.

                       5. Learned counsel for the appellant submits that

          appellant has been falsely implicated in the instant case by the

          informant. It is further submitted that from perusal of the

          allegation as alleged in the FIR, it would manifest that the

          informant alleges that eight named accused persons along with

          25-30 unknwon accused came to her house and committed the

          occurence but then as far as appellant is cocerned against him, it

          is alleged that it was at his behest that the occurrence was

          committed. It is next submitted that in the nature of allegation as

          alleged, it manifests that appellant was not even present at the

          place of occurrence. It is also submtited that the entire

          occurrence took place at the house of the informant and, thus,
           Patna High Court CR. APP (SJ) No.3647 of 2025(4) dt.17-03-2026
                                                        3/3




                     was not in public view.

                                  6. Learned Special Public Prosecutor opposed the

                     prayer for anticipatory bail of the appellant.

                                  7. Considering the submission, let 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 bonds of

                     Rs.5,000/- (Rupees Five Thousand) with two sureties of the like

                     amount each to the satisfaction of the learned Trial Court where

                     the case is pending in connection with the aforesaid case,

                     subject to the conditions as laid down under Section 438(2) of

                     the Cr.P.C./482(2) of the B.N.S.S.

                                  8. Accordingly, the impugned order is set aside and

                     this appeal stands allowed.


                                                                            (Satyavrat Verma, J)

Kundan/-

U     T


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