Patna High Court
Satyendra SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The appeal is allowed and the order rejecting anticipatory bail is set aside, granting bail to the appellants subject to conditions.
Summary
The appellants, a group of villagers from Haspura, were charged under several IPC provisions (sections 341, 323, 324, 354, 379) and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly assaulting an informant and her daughters with lathi and danda and abusing them with caste slurs. Their anticipatory bail application was rejected by the Special Judge, prompting an appeal to the Patna High Court. The appellants argued that the dispute arose from a quarrel between the children of the parties, that the FIR omitted the date of occurrence, and that the alleged assault was not in public view, thus no SC/ST offence was made out, and they have a clean antecedent. The State and the respondent opposed bail, emphasizing the seriousness of the allegations. Considering the nature of the accusation and the appellants’ clean record, the High Court allowed the appeal, set aside the earlier order, and granted bail on the condition of surrender within eight weeks and furnishing a bail bond of Rs 10,000 with two sureties.
Issues considered
- Whether anticipatory bail should be granted to the appellants charged under IPC sections 341, 323, 324, 354, 379 and SC/ST Act sections 3(1)(r) and 3(2)(va)
- Whether the facts alleged in the FIR constitute an offence under the SC/ST (Prevention of Atrocities) Act
Legislation cited
- Indian Penal Code — s. 323, 324, 341, 354, 379
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r), 3(2)(va)
Subjects
- anticipatory bail
- assault
- caste-based violence
- SC/ST Act
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3784 of 2024
Arising Out of PS. Case No.-130 Year-2024 Thana- HASPURA District- Aurangabad
======================================================
1. Satyendra Singh Son of Ram Lali Singh R/O Vill.- Tal, P.S.- Haspura, Dist.-
Aurangabad.
2. Ramashish Singh Son of Ram Lali Singh R/O Vill.- Tal, P.S.- Haspura, Dist.-
Aurangabad.
3. Prakash Kumar Son of Ramashish Singh R/O Vill.- Tal, P.S.- Haspura, Dist.-
Aurangabad.
4. Ramjanam Singh Son of Krit Singh R/O Vill.- Tal, P.S.- Haspura, Dist.-
Aurangabad.
5. Pintu Singh @ Pintu Kumar Son of Satyendra Singh R/O Vill.- Tal, P.S.-
Haspura, Dist.- Aurangabad.
6. Lalpari Devi Wife of Rmashish Singh R/O Vill.- Tal, P.S.- Haspura, Dist.-
Aurangabad.
7. Dharm Shila Devi Wife of Satyendra Singh R/O Vill.- Tal, P.S.- Haspura,
Dist.- Aurangabad.
... ... Appellant/s
Versus
1. The State of Bihar
2. Shobha Devi Wife of Binod Paswan R/O Vill.- Tal, P.S.- Haspura, Dist.-
Aurangabad.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Binod Kumar Pandey, Advocate
For the Respondent/s : Mr. Sadanand Paswan, Spl. Public Prosecutor
Ms. Mukul Kumari, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 15-01-2026 Heard learned counsel for the appellants, respondent
no. 2 and the State.
2. This appeal has been filed against the order dated
11.07.2024 passed by learned Special Judge, SC/ST, cum ADJ
1st, Aurangabad in ABP No. 1437 of 2024 arising out of Haspura
P.S. Case No. 130 of 2024 registered under Sections 341, 323,
Patna High Court CR. APP (SJ) No.3784 of 2024(4) dt.15-01-2026
2/3
324, 354, 379/34 of the Indian Penal Code and Section 3(1)(r)
(s), 3(2)(va) of Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, whereby the prayer for
anticipatory bail of appellants has been rejected.
3. As per F.I.R., these appellants assaulted the
informant and her daughters by means of lathi, danda, and
abused them by caste name.
4. Learned counsel for the appellants submits that
both parties are co-villagers and due to quarrel between the
children of both parties, heated argument took place and taking
advantage of the same, this false and concocted case has been
lodged. F.I.R. does not disclose the date of occurrence, which
itself raises doubt over veracity of the prosecution case. Present
case is counter blast of Haspura P. S. Case No. 132 of 2024. It is
not the case of informant that alleged incident occurred within
public view and as such, no case under SC/ST Act is made out
against the appellants. Appellants claim clean antecedent.
5. Learned Spl. Public Prosecutor for the State as well
as learned counsel for the respondent no. 2 vehemently opposed
the bail application.
6. Considering the nature of accusation and clean
antecedent, let the appellants, as named above, in the event of
Patna High Court CR. APP (SJ) No.3784 of 2024(4) dt.15-01-2026
3/3
their arrest/surrender within a period of eight weeks from today,
be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned Special Judge, SC/ST, cum ADJ 1st,
Aurangabad in Haspura P.S. Case No. 130 of 2024.
7. Accordingly, this criminal appeal is allowed and
impugned order dated 11.07.2024 is set aside with respect to
these appellants only.
(Prabhat Kumar Singh, J)
Navya/-
U T
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