Patna High Court
Sujeet KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The High Court allowed the appeal, set aside the order rejecting anticipatory bail, and directed that bail be granted on specified conditions.
Summary
The appellants Sujeet Kumar, Sonu Kumar and Chandan Kumar were charged under IPC sections 341, 323, 504, 506, 34 and Sections 3(1)(r)(s) of the SC/ST (Prevention of Atrocities) Act for allegedly assaulting an informant with sticks and iron rods and using caste slurs. They applied for anticipatory bail, which was rejected by the Exclusive Special Judge. On appeal, the High Court examined whether the facts amounted to an offence under the SC/ST Act and considered the appellants' clean antecedent and the relatively minor injuries. The Court held that the nature of the accusation and the clean record warranted bail, subject to surrender within eight weeks and a bail bond of Rs.10,000 with two sureties. Consequently, the order rejecting anticipatory bail was set aside and the appeal was allowed.
Issues considered
- Whether the allegations constitute an offence punishable under the SC/ST (Prevention of Atrocities) Act.
- Whether anticipatory bail should be granted to the accused under the IPC and SC/ST Act.
- Whether the appellants' clean antecedent and the nature of injuries justify bail.
Legislation cited
- Indian Penal Code — s. 323, 34, 341, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(1)(r)(s)
Subjects
- anticipatory bail
- SC/ST Act
- assault
- Indian Penal Code
- bail conditions
- clean antecedent
- criminal appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3901 of 2024
Arising Out of PS. Case No.-511 Year-2024 Thana- SONEPUR District- Saran
======================================================
1. Sujeet Kumar Son of Dr. Baleshwar Singh Resident of Ward No.-3,
Jhangirpur, P.S. - Sonpur, District - Saran, Bihar
2. Sonu Kumar @ Shahikant Sharma Son of Ashok Thakur Resident of Ward
No.-3, Jhangirpur, P.S. - Sonpur, District - Saran, Bihar
3. Chandan Kumar Son of Nageshwar Singh Resident of Ward No.-3,
Jhangirpur, P.S. - Sonpur, District - Saran, Bihar
... ... Appellant/s
Versus
1. The State of Bihar
2. Bablu Kumar Son of Rajeshwar Paswan Resident of Ward No.-3, Jhangirpur,
P.S. - Sonpur, District - Saran, Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Saket Anand, Advocate
For the Respondent/s : Mr. Sadanand Paswan, Spl. Public Prosecutor
Ms. Rajani 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
02.08.2024 passed by learned Exclusive Special Judge, SC/ST
Act, Saran at Chapra in ABP No. 2388 of 2024 arising out of
Sonpur P.S. Case No. 511 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
appellants has been rejected.
Patna High Court CR. APP (SJ) No.3901 of 2024(4) dt.15-01-2026
2/3
3. As per F.I.R., these appellants along with other
named accused persons assaulted the informant by means of
lathi, danda, iron rod and abused him and his brother by caste
name.
4. Learned counsel for the appellants submits that
both parties are co-villagers and due to dispute over pathway,
altercation took place in which both sides sustained injuries.
Allegation of assault is general and omnibus. Injuries sustained
by the injured are 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
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
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 Exclusive Special Judge, SC/ST Act,
Saran at Chapra in ABP No. 2388 of 2024 arising out of Sonpur
Patna High Court CR. APP (SJ) No.3901 of 2024(4) dt.15-01-2026
3/3
P.S. Case No. 511 of 2024.
7. Accordingly, this criminal appeal is allowed and
impugned order dated 02.08.2024 is set aside with respect to
these appellants only.
(Prabhat Kumar Singh, J)
Navya/-
U T
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