Patna High Court
Golu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail should be granted to the appellant, subject to surrender within eight weeks and furnishing a bail bond of Rs.10,000 with two sureties.
Summary
The appellant, Golu Kumar, was charged under IPC sections 341, 323, 504, 506, 34 and Section 3(1)(r)(s) of the SC/ST (Prevention of Atrocities) Act for allegedly assaulting an informant with an iron rod, abusing him with caste slurs, and extorting Rs.30,000 and a gold chain. He sought anticipatory bail, which was rejected by the Exclusive Special Judge on 19‑07‑2024. On appeal, the High Court considered the nature of the alleged assault, the modest injury, and the appellant’s clean antecedent, and held that bail could be granted subject to surrender within eight weeks and furnishing a bail bond of Rs.10,000 with two sureties. Consequently, the appellate court set aside the lower court’s order for the appellant and allowed the bail application. The decision was limited to the appellant alone, leaving other co‑accused unaffected.
Issues considered
- Whether the anticipatory bail of the appellant should be denied given the nature of the offences alleged under the IPC and the SC/ST Act.
- Whether the facts alleged constitute an offence punishable under Section 3(1)(r)(s) of the SC/ST (Prevention of Atrocities) Act.
- Whether the appellant’s clean antecedent and the modest nature of the injury justify the grant of anticipatory bail.
Legislation cited
- Indian Penal Code — s. 323, 34, 341, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r)(s)
Subjects
- anticipatory bail
- assault
- caste discrimination
- SC/ST Act
- criminal procedure
- bail conditions
- IPC offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3814 of 2024
Arising Out of PS. Case No.-162 Year-2024 Thana- PANAPUR District- Saran
======================================================
Golu Kumar S/O Avadhesh Singh R/O - Semari, P.S - Panapur, District -
Saran
... ... Appellant/s
Versus
1. The State of Bihar
2. Dharmendra Kumar Ram S/O Surendra Ram R/O Village- Belaur, P.S-
Panapur, Distt.- Saran.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Sanjay Kumar Jha, Advocate
For the Respondent/s : Mr. Sadanand Paswan, Spl. Public Prosecutor
Mr. Rajesh Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 15-01-2026 Heard learned counsel for the appellant, respondent
no. 2 and the State.
2. This appeal has been filed against the order dated
19.07.2024 passed by learned Exclusive Special Judge SC/ST,
Act, Saran at Chapra in ABP No. 2334 of 2024 arising out of
Panapur P.S. Case No. 162 of 2024 registered under Sections
341, 323, 504, 506, 34 of the Indian Penal Code and Section
3(1)(r)(s) of Scheduled Castes and Scheduled Tribes (Prevention
of Atrocities) Act, whereby the prayer for anticipatory bail of
appellant has been rejected.
3. As per F.I.R., on 16.05.2024, this appellant along
with other named accused persons assaulted informant by means
Patna High Court CR. APP (SJ) No.3814 of 2024(4) dt.15-01-2026
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of iron rod, danda. It is further alleged that the accused persons
also abused informant by caste name and took Rs. 30,000/- and
a gold chain.
4. Learned counsel for the appellant submits that both
parties are co-villagers and due to petty dispute this false and
concocted case has been lodged against appellant and others.
Allegation of assault is general and omnibus. Injury sustained
by the injured is simple in nature. 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 appellant.
Appellant claims 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, injury and
clean antecedent, let the appellant, as named above, in the event
of his arrest/surrender within a period of eight weeks from
today, be enlarged on bail on furnishing bail-bonds of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Exclusive Special Judge
SC/ST, Act, Saran at Chapra in ABP No. 2334 of 2024 arising
out of Panapur P.S. Case No. 162 of 2024.
Patna High Court CR. APP (SJ) No.3814 of 2024(4) dt.15-01-2026
3/3
7. Accordingly, this criminal appeal is allowed and
impugned order dated 19.07.2024 is set aside with respect to
this appellant only.
(Prabhat Kumar Singh, J)
Navya/-
U T
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